PRESENTATION OF 



DAKOTA'S CLAIMS, 



AND 



Memorial Praying: For AdmivSsion. 



Fhe Constitution 



ADOPTED BY THE CONVENTION 



HELD AT 



Sioux Falls, Dakota. September. 1885 



R. T. CLOVER, 
SIOUX FALLS, DAKOTA. 



1 






PRESENTATION OF 



DAKOTA'S CLAIMS, 



AND 



Memorial Praying For Admission. 



To the President and Congress of the United States: 

The People of that part of Dakota, south of the forty-sixth parallel of 
North latitude, having adopted a Constitution, republican in form and taken 
the necessar}^ preliminary measures toward organizing a state government, 
now through their properly constituted agents, present sucli Constitution to 
the President and Congress of the United States, and confidently relying uja- 
on the rights which pertain to American Citizens, like circumstanced, re- 
spectfully but earnestly pray to be admitted as a State into the Union oi 
States. 

A HISTORY OF THE STATE MOVEMENT. 

For many years, as will more fully be shown hereinafter, Congress has 
been petitioned by the Territorial Legislative Assembly to divide the Terri- 
tory upon or near the forty^-sixth parallel of North latitude, and since tlie 
census of 1880 to pass an enabling act for the south portion. 

In the winter of 1881-2, a large number of the prominent citizens of the 
Territory, from both sections thereof, being delegated thereto by their re- 
spective communities, visited tlie City of Washington and urged upon Congress 
the passage of an act enabling the people of South Dakota to form a Constitu- 
tion and State Government, preparatory to admission into the Union, and 
continuing the territorial organization for the northern part. Such an act 
was at that session fiivorably reported to their respective Houses, from the 
Committees on Territories of the Senate and House of Representatives, but 
was not finally acted upon in either. 

At the next session of the Territorial Legislative Assembh', in the winter 
of 1882-3, a bill passed both houses with practical unanimity, providing for 
and calling a Constitutional Convention, to frame and submit to the people 
for ratification, or rejection, a Constitution for South Dakota. The bill reach- 
ing the Executive too late in the session to secure his approval, or its return, 
before the close, was withheld by him, and thus failed to become a law. 
Shortly after such failure, a Committee was formed to call a preliminary con- 
vention to consider the advisability of calling and holding a Constitutional 
Convention, as contemplated by the bill withheld and defeated by the Ex- 
ecutive. Such preliminary convention was called, and held at the city of 



MEMORIAL TO CONGRESS. 



Huron in June, 1883, and was composed of over three liundred delegates, 
representative men of both political foith, duly selected by tne people of the 
respective Counties. That Convention remained in session several days, and 
unaniiuously united in calling a Constitutional Convention, to be held at 
Sioux Falls in September of the same year, (1883) composed of one hundred 
and fifty delegates to be elected by the people by ballot, under the forms 
provided by law for ordinary elections. 

Congress having failed to act, an Executive ajipoiuted from abroad, and 
not in accord with the people, having defeated the legal measure passed by 
their representatives in the Legislative Assendjly, nothing was left for action 
but the procedure, originating with, and carried forward by, the people con- 
cerned, acting in their primary capacity. 

Such election was held, delegates were regularly elected, consisting of 
democrats and republicans, they assembled at the place and time named, re- 
mained in session sixteen days, framed a Constitution which was submitted 
to the electors at the November, 1883, election, and by them ratified, and 
through a Conimittee provided by the Convention, the Constitution vi^as at 
the session of 1883-4 submitted to Congress and admission thereunder asked 
for South Dakota. Bills were submitted to both Houses of Congress for this 
purpose, but as is generally understood, because the Convention was held 
and the elections were conducted, without being clothed with the authorit}' 
of a law of the Territory, the friends of Dakota therein preferred the pas.sage 
of an enabling act, with which conclusion Dakota was content, and the result 
of this effort was the passage of an enabling act through the Senate, not act- 
ed upon in the House. 

At the next succeeding session of the Territorial Legislative Assembly, 
in February, 1885, with the same unanimity which has characterized all leg- 
islative Assemblies, and all gatherings of the representatives of the peoi)le, 
whether for the whole of the Territory or for that portion more immediately 
concerned, upon tnis subject, another act was passed calling a Constitutional 
Convention for South Dakota, and the then Executive being in full accord 
with the manifest wish of the people, approved the same. That act is found 
in session laws of Dakota, 1885, page 51. An election for delegates was held 
there-under, who duly assembled at the time and place appointed therein, 
September 8th, 1885, at Sioux Falls, remained in session eigliteen days, fram- 
ed and suljmitted to a vote of the people the Constitution now ))resei)ted, 
whcih was ratified at the regular November election l)y a vote of 25, 226 for; to 
6,505 against. 

Such, in brief, is a history of the efforts of the people of that portion of 
Dakota south of the forty-sixth parallel of North latitude, ai<led by their 
brethren in the north portion as occasion offered, to form a Constitution and 
State Government, and gain admission into the Union of States. 

More than four years of persistent effort, conducteil in all the ways open 
to them, ought to convince the most skepticial of the earnest desire of Dako- 
ta's citizens to be clothed with the power of self government. 

THE RIGHT TO ADMISSION. 

The right of the people of a territory of the United Slates to foi'iu a 
Constitution and State ^'overnment, republican in form, and l)e admitted into 
the Union of States, is so self-evident that it will not be questioned by any 



MEMORIAL TO CONGRESS. 3 

enlightened citizen of any state, providing tlie requisite conditions for ad- 
mission, heretofore recognized, have been complied with and exist. 

Chief Justice Taney in pronouncing the opinion of the Supreme Court of 
the United States in the famous Dred Scott case, lays down this doctrine, 
which none will be so bold as to gainsay. 

"There is certainly no power given by the Constitution to the federal 
government to establish or maintain colonies bordering on the United States, 
or at a distance, to be ruled and governed at its own pleasure; nor to enlarge 
its territorial limits in any way, except by the admission of new States. That 
power is plainly given. But no power is given to acquire a territory to be 
held and governed permanently in that character. 

"The power to expand the territory of the United States by the admis- 
sion of new States is plainly given; and in the construction of this power by 
all the departments of the government, it has been held to authorize the ac- 
quisition of territory, not fit for admission at the time, but to be admitted as 
soon as its population and situation would entitle it to admission. It is ac- 
quired to become a State and not to be held as a colony and governed by 
Congress with absolute authority." 

That such conditions have been complied with by the people of, and now 
exist in, that portion of Dakota proposed to be habilitated with statehood, 
can be shown beyond possible cavil, and by authentic evidence which cannot 
be sincerely questioned. 

METHOD OF APPLICATION. 

First, however, the question of the regularit}' of the mode now adopted 
by this people in seeking admission, may be mooted by those, if any there 
shall be, who are unwilling to hazard a direct denial to a people, of their 
clear right of State government, but who Would prefer dela}' for one or 
another reason. 

Dakota has repeatedly and persistently petitioned Congress for an en- 
abling act under which to form a Constitution and State government, and 
Congress has as often neglected to grant her petitions. 

It is well known that in the history of the admission of new States into 
the Union, two methods liave been pursued, of equal sanction by the purest 
and greatest statesmen of the land; one through an enabling act, emanating 
from Congress, the other by the people of the Territory, without an en- 
abling act, forming for themselves a Constitution and State government, and 
seeking admission as Dakota has and is now doing. Granted, that the most 
frequent method has been through enabling acts, but notable precedents for 
the other method exist. 

Eleven States have formed Constitutions and State governments and 
been admitted into the Union without a previous enabling act, viz: Ver- 
mont, Kentucky, Tennessee, Maine, Michigan, Arkansas, Florida, Iowa, Wis- 
consin, California and Oregon. 

Wisconsin rejected her first Constitution, under which Congress had pro- 
posed to admit the State, and then proceeded witliout further authority from 
Congress, and was admitted under the Constitution thus formed without con- 
gressional authority. 

As able and patriotic men as the present generation witnesses, were in 
Congress, and advocated the admission of these states. 



MEMORIAL TO CONGRESS. 



Ill at least two instances, that of Michigan and Arkansas, the point was 
distinctl)' made against them, that the proceeding was revohitionary, and not 
regular, and that an enabling act should have been fiist passed by Congress. 
Notwithstanding this objection, Michigan was admitted by a vote of 24 for, to 
18 against, in the Senate,and 153 for, to 45 against, in the House; and Arkansas 
was admitted by a vote of 36 for, to (i against in the Senate and 143 for, to 50 
against in the House; the negative vote being, of conrse, induced, in most 
part, by political considerations, and very slightly by a doubt of the reg- 
ularity of the methods of proceeding to obtain admission. 

In the discussion which ensued Mr. Buchanan addressed the Senate 
upon this very question as follows: 

"I think their course is clearly justifiable, but if there is anything wrong 
in it, it is to be attributed to the neglect of Congress. For three years they 
have been rapping at your door, and askinir for the consent of Congress to 
form a constitution and for admission into the T'.iion; but their p 'titions 
have not been heeded and have b;-en treated wiih neglect. Not bei ig able 
to be admitted in the way they sou>:ht, they have been forced to taki- their 
i)wn course, and stand upon their righ*s, riglits secured to them by the (Con- 
stitution and a solemn irrepealai)ie ordinance. They have taken the 
census of the territory, they have formed a constitution, elected their officers 
and the whole machinery of a state government is ready to be put in opera- 
tion; they are only awaiting youraction. Having assumed this attitude, they 
now demand admission as a mutter of right; they demand it as an act 
of justice at your hands. Are tliey now to be repelled, or to be told that 
they must retrace their steps, and come into the Union in the way they at 
first sought to do, but could not obtain the sanction of Congress? Sir, I fear 
the consequences of such a decision; I treuible at an act of such injustice." 

Mr. Morris of Ohio, spoke more fully on the objectionable points than 
other Senators, justifying the right of the people of a territory, when amount- 
ing to 60,000 to meet and form their own Constitution. He said: 

"I hold tiiatany portion of American citizens, who may reside on a por- 
tion of the territory of the United States, whenever their numbei'S shall 
amount to that which would entitle them to a representation in the House 
of Representatives in Congress, have the ri^ht to provide for themselves a 
Constitution and State government, and to be admitted into the Union 
whenever they shall so apply; and they are not bound to wait the action of 
Congress in the first instance, except there is some compact or agreement re- 
quiring them to do so. I place this right upon the broad, and, I consider, 
indisputable ground, that all persons, living within the jurisdiction of the 
United States, are entitled to equal privileges; and it ought to be a matter of 
high gratification to us here, that, in every portion, even the most remote, of 
our country our people are anxious to obtain this high privilege at as early 
a day as possible. It furnishes clear proof that the Union is highlj' esteemed 
and has its foundation deep in the hearts of our fellow citizens.'' 

"By the Constitution of the United States power is given to Congress to 
admit new States into the Union. It is in the character of a State that any 
portion of our citizens, inhabiting any part of the territory ef the United 
States, must apply to be admitted into the Union; a State government and 
Constitution must first be formed. It is not necessary for the power of 



MEMORIAL TO CONGRESS. 



Coiiiiress, and I doubt if Congress has sucli power, to prescribe tlie mode 
by whicli the people shall form a State Constitution; and, for this plain rea- 
son, that Congress would be entirely in.eompetent to the exercise of any co- 
ercive power to carry into eftect the mode they might prescribe. I cjinnot, 
therefore, vote against the admission of Arkansas into the Union, on the 
ground that there was no previous act of Congress to authorize the holding 
of her convention. As a member of Congress, I will not look beyond the 
Constitution that has been presented. I liave no right to presume it was 
formed by incompetent persons, or that it does not fully express the opinions 
and wishes of the people of that country. It is true that the United States 
shall guarantee to every State in the Union a republican form of government, 
meaning, in my judgment, that Congress shall not permit any power to es- 
tablish, in any State, a government without the assent of the people of such 
State; and it will not be amiss that we remember here also, that that guaranlv 
is to the State and not as to the formation of the government by the people 
of tlie State; but siiould it be admitted that Congress can look into the Con- 
stitution of a State in order to ascertain its character, before such State is ad- 
mitted into the Union, yet I contend that Congress cannot object to it for the 
want of a republican form, if it contains the great principle that all power is 
inherent in the people and that the government drew all its just powers from 
the governed. 

"The people of the Territory of Arkansas having formed for thejjjselves 
a State government, having presented ttieir Constitution for admission into 
the Union, and that Constitution being republican in its form, and believin<' 
that the people who prepared and sent this Constitution here are sufficiently 
numerous to (Entitle them to a representative in Congress, and believing also 
that Congress has no right or power to regulate the system of police these 
people have established for themselves, and the ordinance of 1787 not oper- 
ating on tliem, I cainot, as a member of this body, refuse niy vote to adnnt 
this State into the Union." 

On this point Mr. Hanjer of Ohio spoke in the House thus: 
"One of the {)rincipai objections ursfed against their admission at this 
time IS that their proceedings have been lawless and revolutionary; and that 
for the example's sake, if for no other reason, we should reject their nppli- 
civtion and force them to go back and do all the work over again. I cannot 
assent to this proposition. Two ways are open to every Territory that de- 
sires to emerge from its dependent condition and become a State. It mav 
either petition Congress for leave to form a State Constitution, ami, when 
that permission is given, proceed to form it, ;ind present the new State Con- 
stitution for our approbation, or they may meet, in the tii'St instance, form 
the Constituiion and ofier it lor our approval. There is no improprietv in 
either mode. It is optional with Congress, at last, to admit the State or not 
as may be thought expedient. If they wish to admit her they can do it bv 
two acts of Congress; one to authorize the formation of a Constitution and 
the other to approve of it when made; or by one act, allowing the praver of 
the petitioners to become a State and approving of their Constitution at the 
same time. This latter course is the one adopted in the present case. There 
is nothing disrespectful in it. Indeed, tiiere is much to justify the Territorv 
in its proceeding. Year after year they petitioned for leave to form a Con- 
stitution; it was refused or their application was treated with neylect. 



MEMORIAL TO CONGRESS. 



Wearied with repeated instances of tliis treatment, tiiey have formed a Con- 
stitution, brought it to us and asked us to sanction it and admit them into the 
Union. We have tlie authority to do this; and if their Constitution is repub- 
lican we ouglit to do it. There is no weight in this objection and I will dis- 
miss it without further remark." 

(Benton's Thirty Years in the U. S. Senate Vol. 1, pp 629-;i)0-34.) 

Tlie Constitution prescribes no methtnl of admitting new States. Xo reg- 
ulation of Congress exists upon the subject. 

Is the requirement at last more than tliis — «o far as the m.ere method of 
seeking admission is concerned — that it shall be made manifest to Congress. 
that the people of the Territory have, in an orderly manner and with delilj- 
eration, asserted their desire to become a State, and assume the perogatives 
of a State government in the Union, being clothed with those safeguards of 
law which enable them to exercise their deliberate judgment and make man- 
ifest their undoubted will? Cannot this be accompHshed just as effectually 
through a legislative act of tlie Territory as of Congress? 

In Dakota's case, we submit, it would be unjust, unfair, and in every re- 
spect unwise to impose upon her the delay and added expense incident to 
compelling her to return and await the uncertain and slow action of Con- 
gress in first passing an enabling act. Tiie propo.sed State iuis already more 
than double the population ever required of any State heretofore for admis- 
sion into the Union. Her necessities demand immediate action at the hands 
of Congress. She has largely outgrown a Territorial form of government. 
The courts are wholly inadequate to the needs of her citizens. 

The government is not responsible to the people. Her credit, her good 
name are imperiled. The restrictions which an orderly constitutional g(jvern- 
ment impose, is an imperative immediate necessity. The State is ready for 
admission, and why the people should be postponed in their undoubted right 
to statehood, cannot be made apparent by any unprejudiced or truthful argu- 
ment, 

CONDITIONS FOR ADMISSION COMPLIED WITH 

The following are submitted as certainly covering ;ill of tlie conditions 
which can be demanded of a State seeking admission into the Union. 

First — Has the desire for admission been authoritatively expressed? 

Second — Have such boundaries and area been sele(;ted, as will insure a 
strong substantial State? 

Third — In selecting such area and boundaries, has the policy of the 
government respecting the territories been disturbed, or the welfare of the 
people of the United States hazarded? 

Fourth — Do the conditions exist, regarding present population and re- 
sources, which would warrant the formation of a State, and such as will in- 
sure the support of a permanent State government, and do those conditions 
give promise of ability to justly share in the future with other States, the duty 
of upholding and protecting the Union? 

Fifth— Is the Constitution submitted, and State government instituted, 
republican in form? 

Sixth — Do the Constitution and ordinances of the proposed State, proper- 
ly protect the property of the United States therein, and make no unjust dis- 
criminations against citizens of other States. 



MEMORIAL TO CONGRESS. 



Seventh — Do any conditions exist, either in the Constitution, laws, or 
practices of the people, which would render the State undesirable as a mem- 
ber of tlie Union, or menacing to its welfare? 

If Dakota can satisfactorily ansvver all these conditions, by what right or 
pretext of justice, can she be denied tlie power of being governed b3' officers 
■of her own selection; by laws which she has had her part in enacting, an I of 
the inestimable privileges of a State in the American Union? 

First — The desire for admission, as beiore shown, has, upon every at- 
tainable occasion for more tlian four years, been authoritatively expressed, 
iind is now emphasized by a larger vote than is usually polled in a new State, 
upon the adoption of a constitution. 

Compare the votes of some of the States. 

Dakota 25,226 for 6,565 against. 

Iowa, first Constitution, 7,235 for, 7,656 against. 

Iowa, Constitution of 1846, 9,492 for, 9,036 against, 

Kansas, Topeka Constitution, 1,731 for, 46 against, 

Lecompton Constitution, 6,226 for, 589 against. 

MineoJa and Leavenworth, 4,346 for, 1,257 against. 

Wyandotte Constitution, under which the State was admitted, had 10,421 
votes for, 5,530 against. 

Maine, 9,040 for, 796 against. 

Nebraska, .5,938 for, 3,838 against. 

Minnesota, 36,240 for, 700 against. 

Oregon, 7,195 for, 3,195 against. 

Wisconsin, (the first Constitution having been rejected) the second one 
of 1848 received 16,442 votes for and 6,149 against. 

Second — The boundaries and area include so much of the present terri- 
tory as is south of the forty-sixth parallel of North latitude, making about 
77,000 square miles. 

In all this vast area, there are no mountain ranges, no waste or desert 
lands. All are susceptible of the highest cultivation and use, save an insig- 
nificant portion'in the western part, termed buttes or peaks. With the excep- 
tion of the extreme western part, including, say, six thousand square miles of 
hilly country, this is one vast plain traversed by several considerable streams, 
the great Missouri River cutting it diagonally through the center, from side 
to side. In the extreme western part, the hill lands are usually rich in 
soil, and wherever denuded of timber, capable of raising as fair crops of all 
the cereals and vegetables of this latitude as can be raised anywhere. In 
short, the entire of the proposed State, will sustain as manj^ people to the 
square mile, as any one of the richest States in the Union. W^ith an excel- 
lent soil, well watered by numerous rivers, lake and springs, a great naviga- 
ble river traversing its entire width, a healthful climate, its yield of the prec- 
ious and. useful minerals in the western portion, with plenty of coal for fuel 
and manufacture, and pine and other timber sufficient for home use, a doubt 
of its capacity to support its full share of the increasing millions, with which 
the States of the Union are to be peopled in their future history, need not 
be indulged in by an;/ one, against Dakota, and will not be for any ju.st pur- 
pose. 



MEMORIAL TO CONGRESS. 



Compare Dakota as propoeed, with other States in area. 
First with its near neijihl)ors. 



Dakota, 


77,000 square 


miles. 


Wisconsin, 


54,000 square 


miles. 


Nehraska, 


76,000 " 


" 


Kansas, 


81,000 " 


" 


Missouri, 


65,000 " 


" 


Minnesota, 


83,000 " 


K 


Iowa, 


55,000 " 


" 








Tlien w- 


th the Middle and Southern States. 






Dakota, 


77,000 S(juare 


miles. 


Louisiana, 


41,000 square 


miles. 


Illinois, 


55,000 " 


'' 


Mississippi, 


47,000 " 




Indiana, 


34,000 " 


" 


Georgia, 


58,000 •' 




Ohio, 


40,000 " 


" 


Florida, 


59,000 " 




Michigan. 


56,000 " 


" 


South Carol 


ina34,000 " 




Arkansas, 


52,000 " 


" 


North Carol 


ina51,000 " 




Kentucky, 


38,000 " 


" 


Virginia, 


38,000 " 




Tennessee. 


45,000 " 


" 


WestVirginia,23,000 " 




Alahama, 


51,000 " 


" 


Maryland, 


11,000 " 





Tlieu w ith the more eastern States. 
Dakota, 77,000 square miles. 

Pennsylvaria, 46,000 " 
Delaware, 2,120 " 

New Jersey, 8,320 " " 

New York, 47,000 " 
Massachusetts 7,800 " " 

Maine, 35,000 " 

N. Hampshire 9,280 " 



Connecticut, 4,750 " " 

Vermont, 10,212 square miles. 

Rhode Island, 1,306 " 

Oregon has 95.000 '• 

104,000 " 

189,000 ". 

104,000 " 

274,000 " 



" Colorado, 

" California, 

" Nevada, 

" Texas, 

Of course the last four are well known to be exceptional, and should 
form no precedent against Dakota's wishes. Tliej' are exceptions to the 
almost uniform policy in admitting new States from the public domain. 

Prudence will suggest that the action now to be taken is for all time, and 
no narrow or partisan view should be taken of this question ot area; for a 
polic> which seems advantageous to a particular State or constituency today, 
may be disastrous on the morrow. 

It must, in the light of experience, be conceded that the area proposed 
is sufficient for a 'substantial State and consistent with tlie general welfare 
and former precedents. 

Ttie wisdom which experience brings, the necessities whicb a large ag- 
gregation of population reveals, no doubt will cause Texas, in the desire for a 
government closer to the people than is possible with so large an area, to 
take advantage of her compact for admission, and we shall have rive States 
there in lieu of one. 

The existence of extensive mountain ranges, not yet desirable for the 
purpose of population, in California, Colorado and Nevada, seemed to justify 
including large areas under one jurisdiction. Conditions may change even 
there. 

DIVISION OF THE TEKRITORV. 

Third — The policy of the government toward the people of the Territo- 
ries, when selecting areas for States, has been almost uniformly to allow the 
selection of reasonable limits by the people thereof and erect such into a 
State. 



MEMORIAL TO CONGRESS. 



In Dakota's case, the question of what is known as the division of the 
Territory is involved. With more propriety, it should be termed taking 
from the area now under one territorial government, sufficient to forma 
State for admission. 

Out of the territory which once constituted the great Northwest territory, 
and of which Dakota formed a part, has been carved and admitted into the 
Union, exclusive of those formed from the Virginia Cession the States of 
Wisconsin, Iowa and Minnesota, and successively, as States were admitted, 
the remaining portions were organized anew as territories. It is now pro- 
posed to repeat this action, take a State from the territorial area, admit it, 
und renew the territorial organization for the remainder. 

Of course the question of division is recognized by South Dakota, prob- 
ably by every one, as the important questi(m to be presented to Congress. 
The ungenerous thought will not be entertained by the loyal people of Da- 
kota, unless cruei experience teaclies them that Congress will denj^ nearly a 
half million of their fellow citizens the right of self-government, and compel 
a continuance in a state of semi-vassalage, if disembarrassed of other prop- 
ositions. Therefore, tlie necessity for a careful review and consideration of 
the important question of division. In it is involved, not only the welfare 
and wishes of the propased State, but of ttiose wlio are still to remain under 
a territorial government. It will be conceded by everj' candid man that in 
the formation of a State for admission out of the territory. Congress should 
recognize the right of the people of the proposed State to select such area 
and bounclaries as will constitute a substantial, strong, permanent State. 
Beyond that it is a question for the people of the United States. Due regard 
.should also be paid to to the wishes and the welfare of the people not incor- 
porated into the new State. 

Those who have peopled Dakota are American citizens, mostly from the 
States and Districts represented by those honorable gentlemen to whom they 
are now appealing. They forfeited no right by removal to Dakota. They 
certainly are as competent tojudge of what is for their welfare and for those 
who are to come after them, and of forming and expressing a deliberate 
judgment thereon, as are the people of the communities from whence they 
came, and have better opportunities of doing so. A decent regard for their 
expressed will ought to be entertained by those distinguished gentlemen, 
representatives of their former neighbors and friends, now possessing the 
power over their futures, with no chance for appeal but to the great heart of 
the nation. They are the ones directly in interest. They and their descen- 
dents are the ones to suffer by anj' mistake now made against their interest. 
Numerous pi-ecedents exist where Congress has wiseW allowed the people of 
the projected commonwealth to select for themselves their State's area and 
boundaries, and always has such selection proved the patriotism and sagacity 
of the people. 

Notably does the great and prosperous State of Iowa show the wisdom of 
allowing a people to determine for themselves these important questions. 
They would have no such boundaries as proposed by Congress, voted down 
the Constitution built thereon and Congress yielding to their expressed de- 
sire, they made Iowa what she is and what she ever will be, with constantly 
increasing grandeur, one of llie mist powt-rfnl Stu'e.s in the American 
union. 



10 MEMORIAL TO CONGRESS. 

Witliout intending the shadow of disrespect, with tlie utmost loyalt.v, 
hilt witli the manliness of a people seeking to Iieconie wholly free and no 
longer semi-vassals, we do declare that not during this generation of men 
and women, will Dakota ac<;ept boundaries and area so distasteful as are in- 
volved in tlie admission of all of Dakota Territory as one State. 

EVIDENCE OF PUBLIC SENTIMENT UPON DIVISION. 

As early as the Territorial legislative session of 1870-71, the agitation of 
the question of division of Dakota upon the forty-sixth parallel of north lati- 
tude took form, and at that session a memorial to Congress, praying for such 
<livision, was passed in both Houses unanimously and approved by the (tiiv- 
ernor January 12, 1871. 

Again December ;51, 1872, there, was passed and approved a similar me- 
morial, with four dissenting votes in the Honse and none in the Council. 

Again December 19, 1874, another passed unanimouslv in the House, 
with one dissenting vote in the Council. 

Again January 2-1, 1877, another passed unanimously, with no negative 
votes in either house. 

In 1879 a protest against admission of the whole Territory as one State 
was passed. 

In 1881 a memorial praying for a division into three territories passed 
both Houses, but received ten negative votes in the House and three in the 
Council. 

In ]88o the bill for the Constitutional Convention for South Dakota, to be 
held that year, was passed, as heretofore stated, wliich was withheld by the 
Governor. 

(Since 1869 the legislative sessions have been biennial.) 

In 1885, at the last session of the legislative assembly, there was an in- 
creased number of members of both Houses, Congress having recognized 
the absurdity of governing this great Territory with the machinery of gov- 
ernment usually allotted to an ordinary Territory. It will be observed, this 
was after the agitation of the question of division in Congress, incident to 
the passage through the Senate of the enabling act for South Dakota. It will 
further be borne in mind that these members of the legislative assembly 
were just elected by the people of both sections of Dakota, the northern as 
well as the southern portion; that the questions of division and admission 
had been prominent subjects of di.scussion for years; that they were fresh in 
the minds of everybody; a bill for a Constitutional Convention for South Da- 
kota had passed the previous session: it had been defeated by the Executive 
but the Convention was nevertheless held, the Constitution ratified and j)re- 
sented to Congress. Now, with all this agitation and with double the num- 
ber of members elected to this legislative assembly formerly allowed — thus 
necessarily reflecting the public sentiment of both sections of the Teriitory 
— they passed unanimously, in addition to the act calling a Constitutional 
Convention for South Dakota, a memorial to Congress praying for the divis- 
ion of the Territory and admission of the south part as a state — which was 
auproveil by the (iovernor February 2d, 1885, — he thereby honorably recou' - 
nizing public sentiment. 



MEMORIAL TO CONGRESS. 11 



Tliat nieiDorial s^peaks so clearly and earnestly the facts and reasons why 
Coiijrress should j^nint the prayer ol this people, it is given entire here. All 
of the memorials spoken of, certified by the Secretary of the Territor}"^ Irom 
the records in his posse-^sion, togetlier with certified copies of the Journals 
showing the vote thereon, are herewith presented. 

Joint Resolutionand Memorial approved February 2ud, 1885. 

"A Joint Resolution and Memorial to the Congress of the United States, 
praying for the division of Dakota and for the admission of tlie southern 
portion of said Territory as a State. 

"To the honorable the Congress of the United States: 

'•The Legislative Assembly of the Territory of Dakota respectfully rep- 
resents: That the people of this Territory earnestlj' desire the passage of 
the bill now pending in the House of Representatives, providing for the ad- 
inission of the southern portion of Dakota as a State, and for the creation of 
a separate Territory from the northern portion thereof, dividing the same on 
the Seventh standard parallel according to government survey, or tlie forty- 
sixth [)arallel of north latitude, in tlie discretion of Congress. 

"Tlje desire for division is so universal, and the reasons for it so appar- 
ent, that tlie people of this Territorj' have believed and still believe that 
this measure of justice cannot be refused them. 

"The prob.ible division of the Territory has been considered in the Ter- 
ritorial Conventions of l)oth political parties at every meeting for the last 
thirteen years, and these conventions in almost every instance, without a 
dissenting v')ice, have universally declared in favor of division. 

"The Legislative Assembly of the Territory has repeatedly memorialized 
your honoiable bodies for division. 

"Publur institutions have been located and built with a view to division. 

"Conventions have been held in each section to promote division, and 
delegations have been api)ointed to go to the capitol of the United States to 
labor for division. The people of the Territorj' have employed every possi- 
l>le form of respectful petition foi- divi.sion. 

"The population and urea of the Teiritury justify division, and refusing it 
leaves both sectionsinan unsettled condition and operates to the serious dis- 
advantage of both. The area of the Territory is greater than the united 
areas of New Hampshire, Vermont, Massachusetts, Rhode Island. Connecti- 
cut, New York, New Jersey, Pennsylvania, Delawiire and Maryland. 

"The poitulation of the Territory as shown l)y its vote; by the public 
lands occupied; by its postal and internal revenues, and by its banking ami 
other business interests is not less than 450,000, and there is good reason for 
believing it amounts to 500,000. 

"The population of the Southern portion, for which admission is asked, 
cannot now fall much short of 300,000, and will very soon exceed that figuie. 

"The climate, surface and soil of the Territorv are as well adajited to ag- 
ricultural i)ursuits and the ordinary industries of the North, as are the cli- 
mate, surface and soil of Illinois or Iowa. 

"The people of ibe Territory have as great regard for the rights of otheis 
and smart as keenly under a sense of injustice as those of any other Teni- 
tory or State. 



12 MEMORIAL TO CONGRESS. 

"The revenues paid into tbe United States Treasury by the people of 
Dakota, and all statistics attainable, prove that the population and material 
interests of the Territory are sufficiently great to justify this consideration at 

vour hands. 

"No ditticnlty can arise as to the apportionment of tbe public debt of the 
Territory, as it was wholh' created for the erection of public buildings, and 
the bonds clearlj' show for what purpose issued. Those issued for pul)li(- 
buildings in that part of the Territory south of the forty-sixth parallel, should 
be paid by the southern division of the Territory, and those issued for pub- 
lic buildings erected in the North, should be paid by the northern division 

of the Territory. 

"The union of the two sections in one state, would be unnatural, and 

would lead to endless difficulties. 

"The division prayed for, is wise. It will quiet unrest, prevent ditticui- 
ties and misunderstandings, which will arise if it is not granted; and will pro- 
mote the interests of both sections. 

"And although the people of all Dakota, are earnestly in favor of admis- 
sion of tbe southern half as a State, still they will hail with joy division only, 
and if asking for admission of the southern iialf as a State will, in any man- 
ner, delay division, then we earnestl}' request division without the admission 
prayed for, at the earliest possible time. 

"And for your favorable consideration, hereof, your memorialists will 

ever pray. 

"Approved Februarj 2nd, 1885." 

The vote in the House upon this memorial was 48 in the affirmative, 
none in the negative. In the Council 23 voting in the affirmative, none in 
the negative, one beiny absent. 

Besides these continued, unvarying expressions of the people's will, thus 
promulgated through the only legally constituted tribunal in which they have 
any voice, both political parties at their biennial conventions, held for the 
whole Terrritory, to select candidates for delegates to Congress, have, with a 
single exception, passed with the same unanimity resolutions favoring divis- 
ion on the same line substantially, sometimes using the Seventh Standard, 
East of the Missouri River. 

At the last convention held for the whole Territory in 1884, such resolu- 
tions were passed by both party conventions, and are submitted herewith. 

Besides all this, and as perhaps a more practical, because more costly 
demonstration of the people's wish upon this subject, we fiiid that govern- 
mental buildings for two governments have constantly been provided; and 
thus a penitentiary in the South is duplicated in the North. The same occurs 
with insane asylums, agricultural colleges, State universities and other pub- 
lic buildings, with provisions usually found in the acts, making necessary dis- 
positions upon the division of the Territory, oc;curing. 

With all these expressions of the people's desire upon the subject of the 
division of the Territory, through every conceivable representative public 
assemblage, with two constitutions framed and adopted for the south part of 
Dakota, can it be doubted what the sentiment of the people of the Territory 
is and has been for years thereon? If any doubt does yet linger, we 
pray your Honorable bodies to put it to a vote of the people of the whole 
Territory, and let the Admission of the State of Dakota depend upon the re- 
sult ol that vote. 



MEMORIAL TO CONGRESS. 13 

POPULATION AND RESOURCES. 

Fourth — ^Fortunalel}' Dakota is not now compelled to rel.v upon compar- 
isons and estimates however conclusive, to establish conviction in the minds 
•of the Honorable fi;entleraen composing the tribunal appealed to, of the suf- 
ficiency and permanency of population and resources to entitle the State to 
admission into the Union. 

Since the adjournment of the last Congress, a census and enumeration 
has been taken, under the laws of Congress, which has been filed with and is 
a part of the archives of the Interior Department, and open to the inspection 
of all who desire the information therein presented. 

Certain important tables taken therefrom are incorporated herewith. 

These but serve to supplement and establisli the thoroughness of re- 
search made, and correctness of conclusions arrived at, and presented to the 
Senate at its last session, by the distinguished Senator from Indiana, the 
Chairman sf the Committee on Territories, who so generously espoused the 
cause of Dakota, and gave to her citizens and to the right of self-government 
everywhere, so candid consideration and able support. 

We give first the tables for South Dakota. 



G) 
(D 
H 

w 

hi 

05 

^^ 

ft' 

«^ 

10 

R 

H 


0) 



Sorgh'm 


<• as 


-ifr 


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? --^ 


r— T 


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■v 




, 


- OCSiC^ 


: lo c<5 


t^ :rt< : —.0 :co 


l^ ' X — 


1 I '~* '— r 




Molasses 


— ro -* lO 


: ;s 


-^ : 30 . »c CO. . ~- . • -^^^-Ti 


■ ■ ~i~*^' " 


•- 




5 (m"^" 


■S ic~ ' -T 


— 






1 aDC2cciC?>Txr;cr> 


' ;Or-i:£-^o :c3-p:=c*-ro 




:o ^ic 






t; -f t— — 'I' t^ c; 1^ 

ii cc -n* -r t^ -^ cc C5 


- : cc X 1-0! 1-- X : o>i CO = — X 






I- 


>< 


■ ; I— 1 c-o cc -f t^ ; C-: 1.0 -T i-i 1 o-j 




: ^IN^ 














03 


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; 0:00 ^coovr-r X i-i 




:(M 


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S 


S-^^:t -x Vv^'ii^j 


, ; kO e^. ',1^ ic 








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- jCOOOCit^ 


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tE-fCilCCOuCtO 


; X c: ~ CO X c; -f -,0 -^ CO — cr. i.o 






* 


'H:-^'-^=^.^-.=<i,'-^^ 


- CO 1— ' CO lo t^ CO c; r- CO X 01 1^ 


: "^coxcS 










a> 


r-iC^-^-^I — r-+ 


-*> IN CO r-1 c; C CO r: -f ;Ci-0> 


I tU^ 




A 


' "^ cc r-; :c CO ;= -.c 


t-r 10 X t-- Ol. t^ :c ~ CO 10 CO 


r 


&: 


g M CC X' X ^* 


Tji CO 1— tccco :;• i-it^Tti 


^ 




W 










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oocoi^coiyjcc::-^— t-'-roa 


: 1.0 Ko X _ 






r--; ^- ^^ C' C'- 1^ ^ — ^ '^* 


^ i.o -?• -f X 01 X X t^ 01 01 






g 


03 r^ 0; 3-. t^ C/D .— 


i^ 0) i-o X t^ 5M lo -t" X 10 t^ c: v; co 


: £-: 're_^_^ 




c 










~ irM^ 1^ .— :r. c-i 


CO :o -f »i X X ■— -t- ~. -r ~ X -.:; !M 


: co^of-* 








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:. --r i->-< 




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CO Ci r-r ^ 








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■•OlO^ Xr— COOii-rO O^CO r-L'KKrX 


: o<i CO t- 






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co-t<cocococoxco^cc<ixt^:o 


. t^ X -^ X 




bo 


O' 10 : >c X r-: i^ 


Ci 0-1 CO ^ ^ t^ Tf X iC Ol- t-i Ol X rH 


; -f XX 







tZiOt-." 'x'tP-o" 










3"-1 


COCOOCO CO.-1CO "* 


• .-^^JO 






--1-r 


• "f* f "- F w 




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, -* f ^ -» ,_«, 


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t^ 1.0 ct CO X — 1 — X en 01 -+ . 


: X t- 1- 


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>c" .-Tr-^cc'i-Tt^or^'co'" 


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i;:' 00 T-c (M o: Iff o-J CI c: ^ r-O 


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cooxo-i-c3:c;(M-:o:Or- — C-. CO 


lO X c: •* X 




pC *^ 


c; ;cocCi^i-ic s>tc -*iccoi^ci i-i^ciro cc <M ic Ji t^c Citcio 


•; 












55 


;?; -0 cc c: ic :c 


:o — t^coc: OU^CO 01— 1 -1- 


— — .-l-M 






' .S3 ff-r.b'5^ 


»o ^ c^ tc ;c 01 :o CO -— c; 01 01 CO 'C X **r CO ^ CO 




m 




c: — . 'O X 




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oi^'ii'r-r — '.-Tor c^r 


of.-T 






CO ^H : rji X -^ 1^ c^ 


1 ^ — p - _^ ;^( (^ — -^ -.^ ,— 


i-iO _ ^. <M 




a 


* CO 10 ' r— t ^ w '^' 


— oi=t"ccxxiD^Scow5:2Tr 


T-i r- :0 CO 




» 


Tti ic : 1:0 r— C-l — 


I- l;0 Tt< 




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C. CO 3; X JO 


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— -t- 10 CO -r CO c: c: no C. ~. l~- 




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r-^ Oi 0-f ■*' 0>f i-T r-^ 1 i of 


r-r,-ro-f.-H 




B<^ 










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1 . so ■* T-< :£ c; ^- jc 


cco^i05«c:ot--Cicoi--cC'-'-*'-HO 


; (M CO -t" 


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. 


0- (M CO ^ ic -f r— 


-f'— I^O:OOXCO— 'COXiOOCO 


:x CO I- 1-1 


' 




a; CO X X CO CO •-»• CO 


1-- — MO^-st co_^co_co i-^co CO ;o__^ -»• 


:r- O-r --H 


; 


T. crTio'd'xo' x'r-Tx" 


^ aC rt^' of -f x" Tt<' x" •*' cTx' ^' cf" T-; 


■ lo'-i-'x"-*" 




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(M t^ c; — . t^ lO t^ iC 1- O-l 


r-i X 




j5 


<; -^ r-0^1 


r-t 






Average 
Size of 


Mi(Mco -^ c; i-io i^ • 


CO CO t- ^ -f -^ CO — lO i^ X CO -r 

X 2 X C: i-O — 1 -^^ — t~ l^ 


: X r- X -M 




-r-^^-^o-fox : 


: -f — XX 




-^ Ol (M *> O) 01 r-^ — 1 


rH 0^ — 1 01 ^ Ol — r-l -— 01 OJ 0^ r-i r-l 


. C^l 5^1 r- Oq 




Farms ... 


-r»5 








OT 


X CO CO 01 X ir 1^ : 


01 lO — c; 10 10 -f -f t^ — <M CO CO -:r 


: c CO c; oj (M 


a 


■ 1- (M lo i^ CO 1 -f : 


^ IC X lO- 01 (M 0^1 X ■<*< CO t^ 10 CO 


. X 04 CO t^ 


— < 


(M X Ci •* -T iO> 0* ; 


CO-rrClCOOXO^CO-VXi-rXCO 


: ooocow 


1 


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"'-^ '^" 


• r-T,-,' c<i 


, . 


OXOXt— -f-*u5 


— .c33s-ioi-^xc<ror-i20i!^— 'C^Oi 

X C: Jl — C -f C: -»- -f O' 0^1 t^ 


<M CO 1^ t^ 


.Qis 


• IC !-< -f X -t- M 25 t^ 


i-o 1^ 01 c; 10 1 


*-\ 


Si's 


Oi_CO__-1-__01 0]_iO^X 


o_.-i^c^x oi^-.o oi c:__:o__'* -r X_-* ,-i 


r»< .— _i~^i-._^o 


II 


J2i ic o'r-'x of t^ 








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: 1^ lO w CiiO O "0 C2 lO : 



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: lot^ : -loo :o-+Oi-<_^-02 



-f O l^ t^ lO I>- t^ ^^ o 



OC Ol IC O 1— I ^ O C-lOl ^ lO CS 
■^ lC -t< "O w O (~~ too lO ^^ 

'ic c* o o ~ a> "^^ ^ ^„^^ 

4C~(M'lC~t-^ OO'^OC CO — t^ 



— w cc CD Q o 01 -t- --r — - 'JT r;^ c; O 2 oo c>i O c^i p 00 c^ ;» to r-1 
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-H CO trToo" lO" 



~ X ■* X -f ot^^i^^ 



c^ t^eo T-H 



b^ico. xccoa;-(>iioc:=R2^;Dioro^cocceocoicc:t-ioo co 

i O— ^X)XCCO|-3'l---OiMlCr-li-lCDt^COCDCXC.-*COQO C^ 

-"-iC'Oroccc^^cc -p-*:coscoeococ<)co cCr-^LO e<)(N i-i 



, cr t - oi ic -+ X r; 01 r^ c- 1 1?? I?? --< i-H "M CO ift t^ o C3 ot O t-~ -t' "O o 

St^S=^b-^ CO — C5 OHO- -f CO -fo-^ CD >^co-^c^-t-oxoico --2 oo 
^ ^ c: — 5 CC' c: X t- "O ■^_, -f o_-* cc_co_0^0^0.0_r-< oo_^i- -f_-+ cd o«_ 
c^" r-Tcc" r-TTf oi uoT-i" oT i-rc^'"io'~co'ofi-ri-HC<r co'r-i'fiC' cc 



i^ o -- Oi oo o o CD t~- X o ic t^ Ca CO CD o c o (M T-H (>-• CO r;; S 5 

a:iC-fC:;CDSlOCOt^OCDCDCi(MCOX'*COO:-it2"*S:'iRS5r;5 

iO^co^eot^ciOiX) cocDO<ico<MiMc<i^ J^J^S^^'^ 



<M : r^ (M c^ 



OCD.-iXCOcOCOCioO^ :0'£>:DiRcD(>5£'*OC2t--CDyt)OQ 0< 

CXCDC;l>.0qCDOOiC : OCO«MOCO;-;CJi;-;t-.;+^10t--00 t-j- 



ir- -^ CD c- o "C oi CD CO CO lo X cd cc lO iM o -* o-i oc co CD « CD O lO 

:CDC— C-lCDiMCOOCrjCOOOCDO^iOOiO^'lOiOt-iCCDOiOOCg 




-COCDiOOOiOClCDCO'— tXi<M«^COt^t^'^CD-<JOCDCDCOOJl^tM;3' 

; CD O I- lO -r CO. C-1 DC -r CD C-1 X £J »Ci iC 0-1 CO lO O ;-; 2^ CO CO ;::^ r- o 
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lO cTof co'o-'to'o't-'io" t-rcf -t'co'iO CO^C^TtM'""*" O co OC' OO rn ^ 



s 



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c.~ '-t— 2^-;= 



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i — :^ - c^ ".— .— C r, ^ C' i: 2: '— "— c^ — k" 03 >- 1*^ ^ 



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r , H 

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L'^ X ^ X lO <M X w CM O ?t t-^ ~ ^-1 

. ic CI CI r- :o o c-i X c-T r-1 ?i C-. "M r-^ 

oct^io— ':cc-rXr-i:c -*■ -f-t 



•M ic — rj t^ 7; S -- X '^' '.;; 

-r £ :c i~ ^ irf i^ i-t ?) -f rX 



XJM— ■ :xi0i-^3:-*o:cr-c:-+ 
. t- :c a; : -* s^j -^ X i-t oi 10 ci X — 
cx^5-x:r: xoo c: r-icr 






— :c ~ • c: ?i — 1^ cc O O 
(M :c l'^ r ^- o i^ ^- cc c: ic 

iM !M a: : re tC r-. O r-1 <M 






m. 



C rl- r? LC 1~ •M 

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X (MX ^ ^- C : I- C: (M rt 



j- X (M 



If; o O X t^ rj CD O CO cc >o cc T-4 f- 



' :c c; n 



Average 
Size of 
Farms ... 



; r^ .-^ Cl tt ^ — J<J — 1 



: CD t^ c; cc (M c: 
• CO 10 10 CO ^^ t^ 
: (M i-H ^ (M (N I-- 



CC ;0 w C t^ ;^ -t t> ;;j cc C: 10 S^ 



^^"~ 



rc !M >o o X CO >C- 
r; t— lo X ct i~ i~ 
;] t^ ^ (M !M 



I -<- ic t^ c-i X -I" -+ '-C c: o c: C-! i.c CO -t- CI -r c-t ct CI CI CO o CI CI -t- 
• cc i'^ r- CO --H CI o X CI ic ic CO CI CO CO cc LT o; CO t^ r~ re o X -^- ic 
C O Cl t-^ i^ X LC cc c: O ^ XX c: -t_o^ »o^o_rc X (M O: Ci 



'5- 



fa 



i. • !- X ^ 







tc :c cc t^ t^ : to i^ "M :c X O w i^ ic -f 

O-l •-^ cc " cc . r— iC >C (M cc cc lO -+ lO QC 

ic cr. i^ c^) cc ' — ^ — *- ' — ^^ .^ ^-i —u — - _!. .. 



CI ic cc 

r . . .^. V. . -■. -■. ... I ...^ ^^ . 3i "^ lO 

ci ic ~ cc : r- CI tc I— i: o c^i : ro o 



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i-c lO cc i^ c-1 

1— ;c cc c; ic 



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■ "^ .-1 



cc . t^ Ci c; -+ ■— ' oc :c c oc t^ i-O C) cc I-- cc ; i-- cm ^^ ut) 
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18 MEMORIAL TO CONGRESS. 



Please observe, this census was taken in June, 1885; months have 
el;ip«i'il siiK-e then, the natural frrowth durinsi- which in so rapdily growing a 
territory, luhin nialerially to the showing, and necessarih' the census would 
he under the full facts which exist, and not over. 

With ov<M- 2(»P),n00 people, over 50,000 farms, an acreage of 3,755,000 of cul- 
tivated lands, an<l the other resources depicted in this census, and in the re- 
port of the Hon. Gill)ert A. Pierce, the Governor of the Territory, which has 
heen laid before yon, and to wliich we asli yonr careful attention, fears can- 
not l)e entertained of r)aki:ta s jiojiulation, or of the permanency of her State 
government. 

F'or the future, with a steamboat navigation on her great river, with rail- 
ro.ids permealing everx' portion of her domain, let Congress sweep awa)' the 
useless impediments in her path, and unquestionably she will be able, not 
only to protect the integrity of her own free institutions, but to assist materi- 
ally in the support of that great government so dear to her people, and in 
whose l)ehalf many of her inhabitants have already sacrificed some of their 
l)est years and energies, receiving as citizens of Dakota oidy neglect, or 
worse. 

In this cnnnection we present alike exhil)it from the census of North 
Diikota, showing that with her 73,000 square miles of territorj', in her own 
good time, her peo|)le will he in condition to seek admission as a State, and 
abundantly able to maintain a permanent and powerful State Government. 

TS THE COVSTITUTION .\ND STATE GOVERNMENT REPUBLICAN IN FORM? 

FiiTu— The affirmative of this query is established by inspection of the 
instrument presented. 

While the most searching — if candid and truthful — criticism is invited, it 
is submitted, with res[»ect, tliat the details of the constitutional provisions 
are not a proper subject for Congressional research or consideration, beyond 
the ascertainment whether this fundamental law of a State is republican in 
form, controvens the Constitution of the United States, protects, either by 
it or the proposed ordinances, the property of the United States situated 
within the State lim.its, guards the rights of the citizens of the United States 
not residents of this State and contains no clause which would be detriment- 
al to the general welfare of the people of all the States. 

Merely because some gentleman would, if a member of the Convention 
which framed it, or of the body of people who ratified and adopted it, have 
objected to some of the policies therein affirmed, affords no ground for ob- 
jecting to the admission of the State thereunder. The domestic policy em- 
bodied in the Constitution is wholly, exclusiveh^ the province of the people 
of the State, and not of Congress. 

Sixth — An examination of the Constitution will disclose that the proper- 
ty of tlv^ United States situated in the proposed State is amply protected, 
and that no unjust discrimination is made against the citizensof other States, 
but if any details are lacking therein, in the judgment of Congress, they can 
be readily suiiplied by requiring the State, either through its Legislative As- 
sembly or its Ci>nstitutional Convention, which adjourned to a day certain 
iV^r the purpose of doing anything which was required by Congress to be done 
1i> pass such ordinances as may be desired. 



MEMORIAL TO CONGRESS. 15) 



Seventh — No one can trutlifully iiile}j;e that any circuinstances exist, 
either in the provisions of the Constitution, the laws which are cDniinued in 
force b}' it, or in the practices of the people, which can render tiiis State, in 
any respect, an undesirable member of the Union. 

Forty-nine counties are already organized ami l)ave coniplt^te county Kt>\- 
ernments. The judgments and decrees of the CVjurts areas readily olieyed 
and respected, and as due a regard to the laws of Congress and of the Terri- 
tory is had as in any State in the American Union. Tlie intelligence and mor- 
ality of the people is no where e.Kcelled. All the evidences and elements of 
civilization and enlightenment exist to certainly as great an exleiil as can hi? 
found anywhere. The percentage of illiteracy, it will be seen by an exam- 
ination of the census returns, is as small as in almjsranv State. Churches, 
schools and newspapers are supported with as much liberality, to say tin- 
least, as is practiced in the most enlightened State in the Union. The peo- 
ple are mostly from conununities represented in the tribunals to which our 
people are now appealing. The population therein, not natives of the Uniteil 
States, are certainly as intelligent, as industrious, and as prosperous as tlie 
like population anywhere. Indeed, it may be claimed, truthfully, that what 
is called the "foreign population" is, as a rule, much superior to the ordinaiv 
emigrants of a like class. They are found everywhere engaged in agiicuhural, 
mechanical, business and professional pursuits, and no class of citizens is 
more desirable. 

Dakota is not a wilderness, nor is it a wild country either in its popula- 
tion or its material conditions. It has 2,500 miles of railway more tiian any 
one of twenty-five States; it has 2,000 school houses more in number than anv 
one of eighteen States, it has 275 newspapers; it has agrcater number of pust- 
offices than any one of twenty-three other States and Territories, and pavs 
more revenue to the Postoffice Department than thirty-two ot the States; it 
has colleges, universities and Normal Schools endowed by the Territory or 
supported by denominational organizations; it expended for education in 
1884, $1,786,676.99; all the leading church denominations are represented in 
the Territory by large membership and ministry and well organized church 
societies, and by as many churches as can be found in any Christian com- 
munity according to the population. 

About the same proportion as the population these civilizing influences 
exist in South and North Dakota. In 1883 the assessed valuation of Dakota 
was 169,15-1,905; in 1884, $85,664,946; in 1885 it is $106,007,307. Something 
over half this assessed valuation is in South Dakota. 

With all these evidences of civilization and enlightened sentiment, with 
the enterprise and liberality displayed in the support of schools, without hav- 
ing one farthing of assistance fro;n the general government — though it aids 
older and wealthier communities by liberal donations of land and revenue — 
it is an insult to allege the existence of any practices which would render 
the State undesirable as a member of the Federal Union. An inspection of 
the Constitution and the laws continued in force thereby, will satisfy anyone 
that no conditions therein exist inimical to good government. 

If the people of the proposed State of Dakota have, through their duly 
constituted agents, established to the satisfaction of the President and Con- 
gress of the United States, the existence of all the requisite conditions for 



2f) MEMORIAL TO CONGRESS. 

admission as a State — as we respectfully submit cannot be reasotiably doubte<l 
— it is respectfully but eaniestl.v submitted that it is not a rightful exercise of 
tbe powers possessed by Congress to deny Dakota admission. 

GPARAXTIES OF ADMISSION BY fONGRESS. 

Beside tbe jrnaranties of tbe Federal Constitution, tbe people of Dakota 
bave a rigbt to invoke tbe assurances held out to tbeni by Congress itself, 
tbat it would admit Dakota to statehood so soon as it was fitted b\' populatiojt 
and resources to take upon itself the burdens and enjoy tbe benefits of a per- 
maiieiit State g<»vernment. 

By tbe com{)act contained iti the ordinance of 1787. and thereafter con- 
firmed un<ler the Constitution, tlie people were invited to enter tiie territory 
northwest of tbe river Ohio, populate and subdue its wibierness, organize 
rivilized and Chtistiiin coinniunities; an.l to induce tliem to accept the invita- 
tion, they were guaranteed that when, within a reasonable area of country, 
there should gather sixty thousiUid free inhabitants, tbc}' siiould liave tlie 
r>rivi lege of organizing themselves into a State government, and should be 
a<bnitted into tbe Union upon an equal footing with the original States. Coi:- 
gress measurabiy carried out that guaranty' by admitting state after state, as 
application was made therefor. With this compact then before them, fresh 
in the mimls of the people of the growing Nation, on four separate occasions, 
by distinct and separate enactments, C ingress held out the same inducement 
to settle and populate this great Northwest territory of which Dakota was 
and is a part. 

Upon tiie organizatinn of tbe Territor}' of Wisconsin which then includ- 
ed all tbat portion of Dakota lying east of the Mis.souri and WJiite Eartli 
Kivers within its boundaries, like privileges and advantages were extend- 
ed ami guaranteed to the jjeople who settled in that territory as bad been 
extended, by compact, to the peojde of the territory Northwest of the River 
Ohio. 

B3' the Act of Congress approved April 20, 1836, establishing the territo- 
rial government of Wisconsin, enacted by the Twenty-fourth Congress at its 
first session, tbe boundaries of such Territory included all the country south 
of the northern boundary of the United States, and east of the White Earth 
and Missouri Rivers, <I<twn to the line of Missouri, and by Section 12 thereof, 
it is enacted "TItat the inhabitants of the said Territory shall be entitled t<i 
and enjoy, all an<l singular, the rights, privileges and advantages granted and 
secured to the people of the territory of tbe United States Northwest of tbe 
River Oiiio, bj' tlie articles of compact contained in the organization of tbe 
government of said Territ^jry, passed on tbe 13th dav of July, 1787." 

Again, by tbe Act of Congress approved June 12tb, 18;>8 (Twenty-fifth 
Congress, Second .'^ssion) itljeingan A<'t establishing tbe territorial govern- 
ment of Iowa, all tbat parr of the Territory' of Wisconsin l^ing west of tbe 
Mississippi River, and of a line drawn due north from the head waters of 
said river, to tlie Territorial line, and including what is now Dakota, east of 
tlie Mir«onriand White Earth Rivers, was erected into a separate territory, 
and by Section 12 of that Act, it was provided "That the inhabitants of the 
said territory shall be entitled to all the rights, privileges and immimities 
heretofore g?-anted and secured to the Territory of Wisconsin, and to its in- 
habitants." 



MEMORIAL TO CONGRESS. 21 



Now, tlie most sacred rig:lit, the liij;best privilege, the greatest advantage 
whicl) was granted and secured to the people of the territory of the United 
States Xortliwest of the River Ohio, by compact; and by law to the Territory 
of Wisconsin, was the right, tlie privilege, and the advantage, whenever a re- 
quisite number of free inhabitants shall exist therein, was to form a perma- 
nent Constitution and State government, republican in form, and be admit- 
ted into tlie Congress of the United States on an equal footing with the origin- 
al States in all respects whatever. 

Besides these enactments, the same district of country west of the Mis- 
sissippi River and east of the Missouri and White Earth Rivers, was attache*! 
to and made a part of the Territory' of Michigan, which formed a partv to 
said compact of 1787 and by such Act attacliing that country to Michigan, the 
inhabitants therein were guaranteed that they should be entitled to the same 
privileges and immunities in all respects as the other citizens of Michigan 
Territory. • 

Again, after the omanization and admission of the State of Iowa Con- 
gress reatlirmed this invitation and guaranty by the Act apjtroved March od 
1849, e.stablishing the territorial government of Minnesota, that Territory in- 
cluding the same area as the Territory of Iowa, less the State which had been 
carved lliereoul. By Section 12 of that Act, it is again provided, "That the 
inhabitants of the said Territory shall t)e entitled to all the rigJits, privileges 
and immunities heretofore granted and secured to the Territory of Wiscon- 
sin and to its people." 

It will thus be seen that the policy of the government, from its earliest 
history, has been directed toward rapidly peopling its great territories and 
has constantly held out the invitation to enter and possess the piblic domain 
and as an inducement thereto, besides tht» enactment of beneficent and liber- 
al laws for the disposal to actual settlers of its lands, has given them solemn 
assurance and guaranty that it would admit them into tiie Union of States 
on an equal footing with the original States, whenever they were prepared 
to assume their share of the burdens of maintaining this great government 

The people of Dakota invoke these guaranties to let a stronger lio-jit in 
upon the injustice of which they complain, by the neglect of Congress in 
failing to give them precedent authority to organize a State government 
and that Congress may see with clearer view the justness of their claims 
to admission. 

For the granting of the request herein youj' Memorialists the F'eoiile 
of Dakota will ever pray. 

G. C. Moody, 
S. M. Booth, 

J. H. MOKK, 

S. G. Updyke, 
Geo. R. Laybourn, 

Memorial Committee. 
A. J EDGERTON, JOHN CAIN, 

Pr.'s't. Con. Conv'l'ii. Sec. Con. Conv'Vu. 



The Constitution. 



PREAMBLE. 
We, tbe i>eople of Dakota, grateful to Almiahty God for our civil and re- 
ligious liberties, in order to form a more perfect and independent government, 
(Stablisli justice, insure tranquMity, provide for the common defense, pro- 
mote the general welfare and preserve to ourselves and our posterity the 
lilessings of libeity, do ordain and establisluthis Constitution for the State of 
Dakota. 

.NAME \SD BOCND.VRY. 

Section 1. The name of the State shall be Dakota. 

Sec. 2. The boundaries of the State of Dakota siiall be as follows: Be- 
Linning at the point of intersection of the western boundary line of the State 
■f Minnesota, with the northern boundary line of the State of Iowa, and run- 
I'ing thence northerly along the western boundary line of the State of Min- 
nesota to its intersection with the forty-sixth parallel of north latitude; thence 
■vest along the forty-sixth parallel of north latitude to its intersection with 
1 he twenty-seventh meridian of longitude west from Washington; thence 
south on the twenty -seventh meridian of longittide west from Washiuirton to 
its intersection with the northern boundary line of the State of Nebraska; 
' lience easterly along the northern boundary line of the State of Nebraska to 
its intersection with the western boundary line of the State of Iowa; thence 
northerly along the western boundarv line of tiie State of Iowa to its inter- 
section with the northern boundary line of the State of Iowa; thence east 
long the northern boundary line of the State of Iowa to the placL' of begin- 
ning. 

-A.X2.TICXjE IX. 
DIVJ.SlOX OK THE POWERS OF GOVEKNME.NT. 

The powers of the governmei.t of the State are divided into three distinct 
departments — the legislative, executive and judicial, and the ])owers and dn- 
;iesof each are prescribed by this Constitution. 

-A-e-txci-ie: III- 

LEGISLATIVE I>E1'A1ITMENT. 

Section 1. The legislative power shall be vested in a legislature, wnii-li 
-hall consi.st of a senate and hou^e of representatives. 

Sec. 2. The number of members of the house of representatives shall 
lot be less than seventy-five nor more than one hun<lred and thirty-five, 
i'he ntimber of members of the senate shall not be less than twenty-five nor 
:iore than forty-five. 



i 



THE CONSTI rUTION. 2;j 



The sessions of the le^is'ature shall Iw hieiiTiial, exciept as otherwise pro- 
vided in tliis Constitution. 

Sec. 3. No person shall he eligible to the office of senator who is not a 
qualified elector in tlie district from wl)ich in- may be chosen, and a citizen 
of the United States, and who shall not liave attained the ajie of twenty-five 
years, and who shall not have been a resident of the State or Territory fo: 
two years next preceding his election. 

Nu person shall be eligible to the office of representative who is not :i 
qualified elector in ti)e district from which lie may he chosen, and a citizen 
o/ the United States, and who shall not have been a resident ol the State or 
Territory for two years next preceding his election, and who shall not have 
attained the age of twenty-five years. 

No judge or clerk of any court, secretary of state, attorney general, 
state's attorney, recorder, sheriff", or collector of public moneys, memher of 
either house of congress, or person holding any lucrative otfice under the 
United States, or this State, or any foreign government, siiall be a member of 
the legislature; provided, tliaf appointments in the militia, the offices of no- 
tary public and justice of the peace shall not be considered lucrative; noi 
shall any person huldingany otfice ot honor or profit under any foreign gov- 
ernment or under the government of tiie United States, except postmasters 
whose annual compensation does not exceed the sum of three hundred dol- 
lars, hold any office in either branch of the legislature or become a member 
thereof. 

Sec. 4.-, No perst^i who lias been, or lieieafter shall l)e, convicted of brib- 
ery, perjury, or other infamous crime, nor any person wIkj has been or may 
he collector or holder of public moneys, who shall not have accounted for 
and paid over, according to law, all such moneys due fronj liim, shall be eli- 
gible to the legislature or to any otfice in eithf r brancli thereof. 

Sec. 5. Tiie legislature shall provide by law for the enumeration of the 
inhabitants of the State in the year one ihousand eight iiundred and ninety- 
five, and every ten years thereafter; and at its fir.st regular session after eacii 
enumeration made by authority of tlie United States, but at no other time, 
the legislature shall apportion tlie senators and representatives according to 
the number of inhabitants, includiuiz Indiaiis in^t taxed and soldiers and of- 
ficers of the United States army and navy; provided that the legislature may 
make au apportionment at its first session after tlie admission of Dakota as a 
State. 

Sec. 6. The terms of the otfice of the members of tlie legislature shall be 
two years; they shall receive for their services the sum of five dollars for each 
day's attendance during the session of the legislature, and ten cents for every 
mile of necessary travel in going to and returning from the place of meeting 
of the legislature on the most usual route. 

Each regular session of the legislature shall not exceed sixty days, excep 
in cases of impeachment, and members of the legislature shall receivtj/no 
other pay or perquisites except iier diem and mileage. 

Sec. 7. The legislature sliall meet at the seat of government on the first 
Tuesday after the first IMonday of January, at 12 o'clock m., in the year next 
ensuing the election of meu)bers thereof, and at no otiier time, except as pro- 
vided 1)V this Constitution. 




•24 THE CONSTITUTION. 



Sec. 8. Members of the legislature and the officers thereof before tliey 
enter upon their offii'i;il duties, shall take or subscrilie the following; oath or 
affirmation: I do solemnly swear (or affirm) ttiat I will support theCoustitu- 
1 ion of the United States and the Constitiitioti of the State of Dakota, and 
will faithfully disoharj^e the duties of (senator, representative or officer) ac- 
■ •ordin^ to the best of my abilities, and that I have not knowingly or inten- 
tionally paid or contributed anything, or made any promise in the nature of 
.1 bribe, to directly or indireittly influence any vote at the election at which I 
was chosen to fill said office, and have not accepted, nor will I accept or re- 
ceive, directly or indirectly, any money, pass, or any other valua))le thing, 
from any corporation, company or person, for any vote or influence I may 
give, or withhold on any bill or resolution, or appropriation, (»r for any other 
official act. 

This oath shall be administered by a judge of the Supreme or circuit 
court, or *,he presiding officer of either house, in the hall of the house to 
which the member is elected, and the secretary of State shall record and file 
the oath subscribed by each member and officer. 

Any member or officer who shall refuse to take the oath herein prescribed 
.shall forfeit his office. 

Any member or officer of the legislature who shall be convicted of hav- 
ing sworn falseh' to or violated his said oath, shall forfeit his office and be 

• iisqualified thereafter from holding the office of senator or member of the 
iiouse of representatives or any office within the gift of the legislature. 

Skc. 9. Each house shall be the judge of the election returns and quali- 
fications of its own members. 

A majority of the members of each house shall constitute a quorum, but 
a smaller number may adjourn from day to day, and may compel the attend- 
.ince of absent members in such a manner and under such a penalt3' as each 
itouse may provide. 

Each house shall determine the rules of its proceedings, shall choose its 

• •wn officers and employes and fix the pay thereof, except as otherwise pro- 
vided in this Constitution. 

Sec. 10. The Governor shall issue writs of election to fill such vac-mcies 
as may occur m either house of the legislature. 

Sec. U. Senators and Representatives shall, in all cases except treason, 
felony or breach of the peace, be privileged from arrest during tlie session 

• >f the legislature, and in going to and returning from the same; and for words 
used in any speech or d«bate in either house, they shall not be questioned in 
.aiy other place. 

Sec. 12. No member of the legislature shall, during the term for which 
iie was elected, be appointed or elected to any civil office in the State which 
shall have been created, or the emoluments of which shall have been i:i- 
.•reased during the term for which he was elected, nor shall any member re- 
■ •eive any civil appointment from the Governor, the Governor and senate, or 
irom the legislature during the term for which he shall have been elected, 
•\ud all such appointments and all votes given for any such members for any 
■^uch oflice or appointment shall be void; nor shall any member of the legis- 
lature during the time for which he shall have been elected, or within one 
.-ear thereafter, be interested, directly or indirectly, in any contract with the 
State or any county thereof, authorized by rnylaw pat-sed during the term for 
which he shall have been elected. 



THE CONSTITUTION. 25 



Seu. lo. Each house shall keep a Journal of its proceedings and publish 
the same from time to time, except such parts as require secrecy, and the 
veas and nays of members on any question shall be taken at tUe desire of 
•one-sixth of those present and entered upon the Journal. 

Sec. 14. In all elections to be made by the legislature the members 
thereof shall vote viva voce and their votes shall be entered in the 
Journal, 

Sec. 15. Tlie sessions of each house and of the Committee of the 
Whole shall be open, unless when the business is such as ought to be kept 
.secret. 

Sec. 16. Neither house shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that in which the two 
liouses shall be sitting. 

Sec. 17. Every bill shall be read three several times, but the tirst and 
second reading may be upon the same day, and the second reading may be 
by title of the bill, unless the reading at length be demanded. The tirst and 
third readings shall be at length. 

Sec. 18. The enacting clau.se of a law shall be; "Be it enacted by the leg- 
islature of the State of Dakota," and no law shall be passed unless by assent 
of a majority of all the members elected to each house of the legislature. 
And the question upon the final passage shall be taken upon its last reading 
and the 3'eas and nays shall be entered upon the Journal. 

Sec. 19. The presiding officer of each house shall, in the presence of the 
house over which he shall preside, sign all bills and joint resolutions passed 
by the legislature, after their titles have been publicly read immediately be- 
fore signing, and the fact of signing, shall be entered upon the Journal. 

Sec. 20. Any bill may originate in either house of the legislature, and a 
bill passed bj' one house may be amended in the other. 

Sec. 21. No law shall embrace more than one subject, which shall be ex- 
pressed in its title. 

Sec. 22. No act shall take effect until ninety days after the adjournment 
of the session at which it passed, unless in case of emergency, (to be ex- 
pressed in the preamble or body of the act), the legislature shall by a vote of 
two-thirds of all the members of each house, otherwise direct. 

Sec. 23. The legislature is prohibited from enacting any private or spec- 
ial laws in the following cases; 

1. Granting divorces. 

2. Changing the names of persons or places, or constituting one person 
the heir-at-law of another. 

3. Locating or changing county-seats. 

4. Regulating county and township affairs. 

5. Incorporating cities, towns and villages or changing or amending the 
charter of any town, city or village, or laying out, opening, vacating or alter- 
ing town plats, streets, wards, allej'S and public grounds. 

6. Providing for sale or mortgage of real estate belonging to minors or 
others under disability. 

7. Authorizing persons to keep ferries across streams whollj' within the 
State. 

8. Remitting fines, penalties or forfeitures. 



2(J THE CO^'STrTUTlO:?:. 



9. Granting to an individual, association or corporation any special or ex- 
clusive privilege, iinnmiiity or franchise whatever. 

10. Providing for the management of common schools. 

11. Creating, increasing or decreasing fees, ivercentages or allowancts o( 
puhlic officers during the term for whicli said officers are eleerted or a])- 
pointed. 

But the legislature may repeal any existing special law relatnig to the- 
foregoing subdivisions. 

In all other cases where a general law can be a]>plicabie, no special law 
shall be enacted. 

SiiC. 2-i. The legisUiture shall have no power to release or extinguish, in 
whole or in part, the indebtedness, liability or obligation of any corporation 
or individual to this state or to any nuuiicipal corporation therein. 

Sec. 25. The legislature shall not authorize any game of chance, lottery, 
or gift enterprise, under any pretense or for any purpose whatever. 

Sec. 26. The legislature shall not delegate to any special commission, pri- 
vate corporation or association, any power to make, supervise or interfere 
with any municipal in)provement, money, property, effects, whether held in 
trust or otherwise, or levy taxes or to select a capital site or to perform any 
nmnicipal lunctions whatever. 

Sec. 27. The legislature shall direct by htw in what manner and in what 
courts suits may be brought against the State. 

Sec. 28. Any person M'ho shall give, demand, offer, directly or indirectly, 
any money, testimonial, privilege or personal advantage, anything of value to 
any executive or judicial officer or member of the legislature, to influence 
him in the performance of any of his official or public duties, shall be guilt}" 
of bribery and shall be punislied in such manner as shall be provided by law. 

The offense of corrupt solicitation of members of the legislature, or of 
public officers of the State, or any municipal division thereof, and an)' effort 
towards solicitation of said members of the legislature or officers to influence 
their official action, shall be defined by law and shall be piniishable by fine 
and imprisonment. 

Any person may be compelled to testify in investigation or judicial pro- 
ceedings against any person ciiarged with liaving committed any ott'ense or 
bribery or corrupt solicitation, and shall not be peiraitted to withhold his tes- 
timony upon the ground that it may criminate himself, but said testimony 
shall not afterwards be used against him in any judicial proceeding except 
for bribery in giving such testimony, and any person convicted of either of 
the offenses aforesaid, shall be disqualified from holding any office or position 
or oflice of trust or profit in this State. 

EXECUTIVI'] DEPARTMENT. 

Section 1. The executive power shall be vested in a Governor who shall 
hold his office two years; a Lieutenant Governor who shall be elected at the 
same time and for the same teni;.' 

Sec. 2. No persson shall be eligible to the office of Governor or Lieuten- 
ant Governor except a citizen of the LTnited States and a qualified elector of 
the State, who shall have attained the age of thirty yeaj-s, and whoshall have 



THE CONSTITlTTrOS. 57 

resided two years next precedina: the election witliin the State or Territory, 
Tior shall he be eliiiible to any other office during tlie. term for wliiid, lie sliall 
■^lave been elected. 

Sec. ?>. The Governor and Lientenant Governor shall be elected by the 
•qualified electors of the State at the time and places of choosins; members of 
the leo;islature. The persons respectively havin<^ the hi^jhest number of 
votes for Governor and Lientenant Governor shall be elected, bat if two or 
inore shall have an equal and highest number of votes for Governor and 
Lieutenant Governor, the two houses of the leoislature at its next regular 
■session shall forthwith, by joint ballot, clioose one of such persons for said 
office. The returns of the election for Governor and Lieutenant Governor 
■shall be made in such manner as shall be prescribed by law. 

Sec. 4. The Governor shall be Commander-in-Chief of the military and 
naval forces of the State, except when thev shall be called into the service 
of the TTni ted States, and maj' call out the same to execute laws, suppress 
insurrection and repel invasion. He shall have power to convene the lesris- 
lature on extraordinary occasions. He shall at the commencement of each 
■session communicate to the legi'^latnre by message, information of the con- 
dition of the State, and shall recommend such measures as he shall deem 
■expedient. He shall transact all necessary business with the officers of the 
government, civil and military. He shall expedite all such measures as may 
be resolved upon by the legislature and shall take care that the laws be faith- 
fully executed. 

Sec. 5. The Governor shall have power to remit fines and forfeitures, to 
■grant reprieves, commutations and pardons after conviction for all offenses 
except treason and casesof impeachment^ provided, in all cases where thesen- 
tence ofthe court is capital punishment, imprisonment for life or a longer term 
than two years, or a fine exceeding two hundred dollars, no pardon shall be 
g:ran'^ed, sentence commuted or fine remitted except upon the recommenda- 
tion in writing of a board of pardons, consisting of the presiding Judge, Sec- 
retarj' of State and Attorney General, after full hearing in open session, and 
such recommendation, with the rersons therefor, shall be filed in the office 
of the Secretary of State but the legislature may by law in all cases regulate 
the manner in which the remission of fines, pardons, commutations and re- 
prieves may be applied for. TJpon conviction for treason he shall have power 
to suspend the execution of sentenc;e until the case shall be reported to the 
legislature at its next regular session, when the legislature shall either par- 
don or commute the sentence, direct the execution of the sentence or s,rant 
a further reprieve. He shall communicate to the legislature at each regular 
session, each case of remission of fine, reprieve, commutation or pardon 
granted by him in the cases in which he is authorized to act without the rec 
ommendation of the said board of pardons, stating the name of the convict, 
the crime of which he is couv'icte'l, tlie sentence and its date, and the date 
of the remission, commutation, pardon or reprieve, witii his reasons for 
granting the same. 

Sec. 6. In case ofthe death, impeachment, resiijnation, failure to qualify, 
absence from the State, removal from office, or other disability of the Gov- 
ernor, the powers and duties of the office for the residue of the term, or 
until he shall be acquitted, or the disability removed, shall devolve upon the 
Lieutenant Governor. 



2s THE coxsnruTiajS'. 



Sec. 7. The Lieutenant Governor shall be president of the senate, but 
sluill liave only a easting vote therein. If during a vacancy of the office ot 
Governor, the Lieutenant Governor sluill l:>e inipeaciied. displaced, resign oi 
die, or from mental or physical disease or otherwise, become incapable of 
performing the duties of his otEce, tlie Secretary of State siuill act as Gover- 
nor until the vacancy shall be filled or tlie disability removed. 

Sec. S. When any otfice shall from any cause l)ecome vacant and no. 
mode is provided by the Constitution or law for filling such vacancy, the- 
Governor shall have power to fill such vacancy by appointment. 

Sec. 9. Every bill which shall have passed the legislature shall, before 
it becomes a law, be presented to the Governor. If he approve he shaU 
sign; but if not, he shall return it with his objection to the house in which it 
originated, which shall euter the objection at large upon the Journal and 
proceed to reconsider it. If after such reconsideration, two-tliirds of the 
members present shall agree to pass the bill, it shall be sent, togetiier with 
the objection, to the other house, by wluch it shall likewise be reconsidered, 
and if it be approved by two-ihirds of the members present, it shall become 
a law; but in all such cases the vote of both houses shall be determined by 
the j-eas and nays and the names of the members voting for and against the 
bill shall De entered upon the Journal of each house respectively. If any 
bill shall not be returned by the Governor within three days (Sundays ex- 
cepted) after it shall have been presented to him, the same shall be a law^ 
unless the legislature shall by its adjournment prevent its return; in which 
case It shall be filed, with his objection, in the otfice of the Secretary of 
State, within ten days after such adjournment or become a law. 

Sec. 10. The Governor shall have power to disapprove of any item or 
items of any bill making appropriations of money embracing distinct items 
and part or parts of the bill approved sliall be law, and the item or items 
disapproved shall be void, unless enacted in tlie following manner: If the 
legislature be in session he shall transmit to the house in which the bill origi- 
nated a copy of the iteni or items thereof (iisapproved, together with his ob- 
jections thereto, and the items objected to shaU be separately reconsidered, 
and each item shall then take the same course as is prescribed for the passage 
of bills over the Executive veto. 

Sec. 11. Any Governor of this State who asks, receives or agi'ees to re- 
ceive any bribe upon any understanding that his official opinion, judgment 
or action shall be influenced thereby, or who gives, or offers or promises his 
official influence in consideration that any member of the legislature shall 
give his official vote or influence on any particular side of any question or 
matter upon which he may be required to act in his official capacity, or who 
menaces any member by the tlireatened use of his veto power, or who of- 
fers or promises any member that he, the said Governor, will appoint any 
particular person or persons to any office created or thereafter to be created, 
in consideration that any member shall give his oflicial vote or influence on 
any matter pending or thereafter to be introduced into either house of said 
legislature, or who threatens any member that he, the said Governor, will 
remove any person or persons from office or position with intent to in any 
manner influence the official action of said member, shall be punished in the 



THE COXSTITUTION. 29 



inamifcr now, or thatinay hereafter be provided by law and upon convii- 
tion tliereon shall forfeit all right to hold or exercise any ottiee ot trust or 
honor in this State. 

Sec. 12. There shall be chosen by the (}ualitied electors of the State at 
the timesand places of choosinu; members of the legislature, a Secretary of 
State, Auditor, Treasurer, Superintendent of Public Instruction, Commission- 
er of School and Public Lands and .Attorney General, who shall severally 
hold their otlices for the term of two years, but no person shall be eliitible to 
the ofHce of Treasurer for more than two terms consecutively. They shall 
respectively keep their offices at the seat of government. 

Sec. 1;>. The powers and duties of tiie SecM-etary of State, Auditor, 
Treasurer, Superintendent of Public Instruction, Commissioner of School 
and Public Lands and Attorney General shall be as prescribed by law. 

.J [TDICL\L DEPARTMENT. 

Section L The judicial powers of the State, exce|)t as in this Constitu- 
tion otherwise provided, shall be vested in a Supreme Court, circuit courts, 
county courts and justices of the peace, and such other courts as may be 
created by law for cities and incorporated towns. 

SUPREME COUKT. 

Sec. 2. The Supreme Court, except as otherwise provided in this Con- 
stitution, shall have appellate jurisdiction only, which shall be co-exteiisive 
with the State, and shall have a general superintending control over all 
inferior courts, under such regulations and limitations as may be prescribed 
by law. 

Sec. 3. The Supreme Court and the judges thereof shall have power to 
issue writs of habeas corpus. The Supreme Court shall also have power to 
issue writs of mandamus, quo warranto, certiorari, injunction and other orig- 
inal and remedial writs, with authority to hear and determine the same in 
such cases an<l under such regulations as may he provided by law, provided, 
however, that no jury trials shall be allowed in said Supreme Court, but, in 
l>roper cases, questions of fa(;t may be sent by said court to a circuit court to 
a trial before a jury. 

Sec. 4. At least two ternitr: of the Supreme Court shall be held each vear 
at the seat of government. 

Sec. 5. The Supreme Court shall consist of three judges, to be chosen 
from districts by qualified electors of the State at large, as hereinafter pro- 
vided. 

Sec. 6. The number of said judges and districts may, after rive years 
from the admission of this State under this Constitution, be increased by law 
to not exceeding five. 

Sec. 7. A majority of the judges of the Supreme Court shall be neces- 
.sary to form a quorum or to pronounce a decision, but one or more of said 
judges may adjourn the court from day to day or to a certain day. 

Sec. 8. The term of the judgfes of the Supreme ('ourt, who slial! be 
elected at the first election under this Constitution, shall be four years. At 
all subsequent elections the term of said judges shall be six years. 

Sec. 9. The judges of the Supreme Court shall by rule select from their 
number a presiding judge, who shall act as such for the term prescribed by 
such rule. 



THK CONSTrTTTTIOK 



Sec. 10. No person shall be eligible to the office of judge of the Suprente- 
Court unless he be learned in the law, be at least thirty years of age, a citi- 
zen of the United States, nor unless he shall have resided in this State or 
Ihe Territory at least two years i>ext prececiing his election and at the time- 
of his election be a resident of the district from which he is elected, Ixtt for 
the purpose of re-election, nasucbjutlge sliall be ileenved to- have lost his- 
residence in the district by reasoti of his removal to the seat of go-vernment 
in the discharge of his official duties. 

Sec. 11. Until otherwise provided by law, tl>e districts fron> which the 
said judges of the Supreme Court shall be elected,, sliall be constituted as 
follows: 

First District — All that portion of the State hing west of tlie Missourii 
river. 

Second District — All that portion of tl>e State lying east of tl^e Missouri 
river and south of the second standard parallel. 

Third District — All that portion of ihe State lying east of tl»e Missouri 
river and north of the second standard parallel. 

Sec. 12. There shall be a clerk and also a reporter of the Supreme Court 
who shall be appointed by the judges thereof, and who shall hold office dur- 
ing the pleasure of said judges, and wliose duties and en>olun>ents shall be- 
prescribed by law, and by the rules of the Supreme Court not inconsistent 
with law, Tlie legislature shall make provision for tl>e publication and dis- 
tribution of the decisions of the Supreme Court, and for the sale of the pub- 
lished volumes thereof. No private person or corporation shall be allowed 
to secure any copyright to such decisions, but if any copyrights are securetl 
they shall inure wholly to the benefit of the State. 

Sec. 13. The Governor shall have authority to require the opinions of 
the judges of the Supreme Court upon important questions of law involved in 
the exercise of his executive powers and upon solenm occasions. 

CIRCUIT COURTS. 

Sec. 14. The circuit courts shall have original jurisdiction of all actionss 
and causes, both at law and in equity, and such appellate jurisdiction as may 
be conferred by law and consistent with this Constitution; such jurisdiction 
as to value and amount and grade of offense, may be liuiited by law. They 
and the judges thereof shall also have jurisdiction and power to issue writs of 
habeas corpus, mandamus, quo Wdrniiito, certiorari, injunction and other 
original and remedial writs, with authority to hear and determine the same. 

Sec. 15. The State shall be divided into Judicial circuits in each of which 
there shall be elected by the electors thereof one judge of the circuit court 
therein, whose term of office shall be four years. 

Sec. 16. Until otherwise ordered by law, said circuits shall be six in 
number and constituted as follows, viz: 

First circuit: The counties of Union, Clay, Yankton, BonHomme, 
Hutchinson, Charles Mix and Douglas. 

Second circuit: The counties of Lincoln, Turner, Minnehaha, McCook, 
Moody, Lake and Miner. 

Third circuit: The counties of Brookings, Kingsbury, Deuel, Hamlin, 
Codington, Clark, Grant, Marshall, Roberts, Day, and the Wahpeton and 
Sisseton reservation, and all that strip of territory now included between the 
north line of the county of Day and Roberts and the forty-sixth i)arallel of 
north latitude. 



THE CONSTITITTIOK. "SI 



Fourth circuit: The counties of Beadle, Sanborn, Davison, Aurora, 
Brule, Buffalo. Jerauld and Hansoii. 

Fifth circuit: The counties of Brown, Hand, Hyde, Hughes, Sully, Potter, 
Faulk, Edmunds, Walworth, CaiMpbell, McPherson and Spink and all that 
portion of said State lying east of the Missouri river^ net included in any 
•other judicial circuit. 

Sixth circrait: All that portion of the said State lying west ©f the Missouri 
river. 

Ssa 17. The legislature raay, whenever two-thirds of the members of 
•each house shall concur therein, increase the number ot judicial circuits and 
the judges thereof, and divide the State into judicial circuits accordingly, tak- 
ing care that they be formed of compact territory and be bounded by county 
Tmes, but such increase of number or change in the boundaries of districts 
■shall not work th« removal of any judge from his office •during the term for 
which he shall have been elected or appointed. 

Sec, 18. Wilts of error and appeals may be allowed from the decisions 
■of the circuit c(Mirts to the Supreme Courts under such regulations as may be 
prescribed by law, 

COUNTY COURTS. 

Sec. 19. There shall be elected in each organized county a county judge 
who shall be judge of the county court of said county, whose term of office 
shall be two years until otherwise provided bv law. 

Sec. 20. County courts shall be courts of record and shall have original 
jurisdiction in all matters of probate guardianship and settlement of the es- 
tates of deceased persons and such other civil and criminal jurisdiction as 
may be conferred by law, provided that such courts shall not have jurisdic- 
tion in any case where the debt, damage, claim or value of property involved 
shall exceed one thousand dollars, except in matters of probate guardianship 
and the estates of deceased persons. Writs of error and appeal may be al- 
lowed from county to circuit courts, or to the Supreme Court in such cases 
and in such manner as maj' be prescribed by law, provided that no appeal 
or writ of error shall be allowed to the circuit court from any judgment ren- 
dered upon an appeal from a justice of the peace or police magistrate for 
cities or towns. 

Sec. 21. The county court shall not have jurisdiction in cases of felony, 
nor shall criminal cases therein be prosecuted by indictment; but they may 
have such jurisdiction in criminal matters, not of the grade of felony, as the 
legislature may prescribe, and the prosecutions therein may be by informa- 
tion or otherwise as the legislature may provide. 

J USTICE OF THE PEACE. 

Sec. 22. Justices of the peace shall have such jurisdiction as may be con' 
ferred by law. but they shall not have jurisdiction of any cause wherein the 
value of the propert}^ or the amount in controversy exceeds the sum of one 
hundred dollars, or where the boundaries or title to real property shall be 
called in question. 

I POLICE M.\GISTRATE. 

I Sec 23. The legislature shall have power to provide for creating such 

^ police ni'agistrates for cities and towns as may be deemed from time to time 



THE CONSTITUTION. 



necessary, wlio shall have jurisdiction of all cases arising nnder the ordi- 
nances of such cities and towns respectively, and such police magistrates may 
also be constituted ex-oflicio justices of the peace for their respective coun- 
ties. 

statk's attorney. 

Sec. 24. The legislature shall have power to provide for State's attorneys 
and to prescribe their duties and iix Iheir com]>en.sation ; but no person shall 
be eligible to the office of attorney general or State's attorney who shall not 
at the time of his election be at least twenty-five years of age and possess all 
tiie other qualifications for judges of circuit courts as prescribed in this arti- 

MISCELLANEOUS. 

Sec. 25. No psirson shall be eligible to tlie office of judge of the cir<:uit 
or county courts unless he be learned in the law, be at least twenty-five 
years of age, and a citizen of the United States; nor unless he shall have re- 
sided in this State or Territory at least one vear next preceding his election, 
and at the time of his election be a resident of the county or circuit, as the 
case may be, for which he is elected. 

Sec. 2G. The judges of the Supreme (,'oiirt, circuit courts and county 
courts shall be chosen at the first election held under the provisions of this 
Constitution, and thereafter as provided by law, and the legislature may pro- 
vide for the election of such ofticers on a different day from that on which 
an election is held for any other purpose, and niay, for the purpose of making 
such provision, extend or abridge the term of office for au}' of such judges 
then holding, but not in an\' case more than six months. The term of office 
(jf all judges of circuit courts, elected in the several judicial circuits througli- 
out the State, shall expire on the same day. 

Sec. 27. The time of holding courts within said judicial circuits and 
counties shall be as provided by law; l)ut at least one term of the circuit 
court shall l)e iield annually in each organized county, and the legislature 
shall make provision for attaching unojganized counties for iudicial i)ur- 
l)oses. 

Sec. 28. Special terms of said courts may be held under siu-h regulations 
as may be provided by law. 

Sec. 29. The judges of the circuit courts may hold courts in other cir- 
cuits than their own, under such regulations as may be prescribed by law. 

Sec. ;50. The judges of the Supreme Court, circuit courts and county 
courts shall each receive such salary as may be provided by law, consistent 
with this Constitution, and no such judge shall receive any compensation, 
l)erquisite or emoluments for or on account of his office in any form what- 
ever, except sucrh salary ; proviiled, that county judges may accept and re- 
(leive such fees as may l)e allowed under the land laws of tiie United 
States. 

Sec. 31. No judge of the Supreme Court or circuit courts shall act as at- 
■torney or counselor at law, nor shall any county judge act as attoriiey or 
counselor at law in any case whicii is or may he brought into his court or 
which may be appealed therefrom. 

Sec. :>2. There shall be a clerk of the circuit court in each organized 
conntv. wlio shall also l)e clei'k of I he county court, ami who shall be elected 



"THE CO^STITITT'ION. "^53 

'by the qnalified electors of such county. The duties and compensation of 
•said clerk shall be as provided by law and regulated by the rules of the court 
■consistent with the provisions ot law. 

Sec. 33. Until the legislature shall provid-e by )aw for fixing tlie terms of 
•courts, the judges of the Supreme, circuit and county courts, respectively, 
■shall fix the terms thereof. 

Sec. ?)4. All law« relating to •courts shall be general and of uniform oper- 
iition throughout the State, and the organization, jurisdiction, power, pro- 
•ceedings and practice of *ill the ■courts of the same class or grade, so far as 
Tegulated by law, and the force and effect of such of the proceedings, judg- 
^nents and decrees of such courts severally shall be uniform, provided, how- 
-ever, that the legislature may classifj' the county courts according to the 
population of the respective counties and fix the jurisdiction and salary of 
'the judges thereof accordingly. 

Sec. 35. No judge of the Supreme or circuit courts shall be elected to 
any other than a judicial office, or be eligible thereto, during the term for 
•which he was elected such judge. All votes for either of them during such 
term for anv elective office, except that of judge of the Supreme Court, cir*- 
•cuit court or county court, given by the legislature or the people, shall be 
void. 

Sec. 36. All judges or other officers of the Supreme, circuit or county 
•courts provided for in this article, shall hold their offices until their success- 
•ors respectivel}^ are elected or appointed and qualified. 

Sec. 37. All officers provided for in this article shall respectively reside 
in the district, county, precinct, cit}' or town for which they may be elected 
■or apjiointed. Vacancies in the elective offices provided for in this article 
shall be filled b\^ appointment until the next general election, as follows: All 
judges of the Supreme, circuit and county courts b}' the Governor. All other 
judicial and other officers by the county board of the county where the va- 
cancy occurs; in cases of police magistrates, by the municipality. 

Sec. 38. All process shall run in the name of the "State of Dakota." 
All prosecutions shall be carried on in the name of and by authority of the 
"State of Dakota." 

BILL OF RIGHTS. 

Section 1. All men are born equally free and independent, and have 
certain inherent rights, among which are those of enjoying and defending 
life and liberty, of acquiring and protecting property and the pursuit of hap- 
])iness. To secure these rights governments are instituted among men, de» 
riving their just powers from tlie consent of the governed. 

Sec. 2. No person shall be deprived of life, libert}^ or property without 
due process of law. 

Sec. 3. The right to worship God according to the dictates of conscience 
shall never be infringed. No person shall be denied any civil or political 
rigiit, privilege or capacity on account of his i-eligious opinions; but the liber-' 
t}^ of conscience hereby secured shall not be so construed as to excuse licen- 
tiousness, the invasion of the rights of others, or justify practices inconsistent 
with the peace or safety of the State. No person shall be compelled to at- 
tend or support any ministry or place of worship against his consent, nor 



:U THE CONSTITUTION. 



shall any preference be given by law to any religious establishment or mode 
of worship. No money or property of the State shall be given or appropri- 
ated for the benefit of any sectarian or religions society or institution. 

Sec. 4 The right of petition and of the people peaceably to assemble to 
coMsnlt for the common good and make known their opinions, shall never be 
abridged. 

Sec. •"). Every person may fieely speak, write and publish on all sub- 
jects, being responsible for the abuse of that riglit. In ail trials for libel, 
l)oth civil and criminal, the truth, when published with good motives and for 
jiistitiable ends, shall be sufficient defense. The jury siiall have the right to 
determine the fact and the law under the direction of the court. 

Sec. 6. The right of trial by jury shall remain inviolate and shall extend 
to all cases at law without regard to the aniount in controversy, but the legis- 
lature may provide for a jury of less than twelve in any court not a court of 
I'ccord, and for the decision of civil cases b}' three-fourths of the jury in any 
court. 

Sec. 7. In all criminal prosecutions the accused shall have the right to 
defend m person and by counsel; to demand the nature and cause of the ac- 
cusation against iiim; to have a copy thereof; to meet the witnesses against 
him face to face; to liave compulsory process served for obtaining witnesses 
in ills behalf, and to a speedy pul)lic trial by an impartial jury of the county 
or district in which the offense is alleged to have been committed. 

Sec. 8. All persons shall be Ijailable by sufficient sureties, except for 
capital offenses when proof is evident or presumption great. The privilege 
i>f the writ of habeas corpus shall not be suspended, unless in case of rebel- 
lion or invasion, the public safety may require it. 

Sec. S). No person shall be compelled in any criminal case to give evi- 
dence against himself or be twice put in jeopardy for the same offense. 

Sec. 10. No person shall be held for a criminal offense unless on the pre- 
sentment or indictment of a grand jury, or information of the public prose- 
cutor, except in cases of impeachment, in cases cognizable by county courts, 
l)y justices of the peace, and ill cases arising in the army or navy or in the 
militia when in actual service in time of war or public danger; provided thai 
the grand jury may be modified or abolished by law. 

Sec. 11. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures shall not be 
violated, and no warrant shall issue but upon probable cause supported by 
affidavit, particularly describing the place to be searched and the person or 
thing to be seized. 

Skc. 12. No ex post facto law, or law impairing the obligation of con- 
tracts or making any irrevocable grant of privilege, franchise or immunity, 
shall be passed. 

Sec. 1.'). Private property shall not be taken for public use or damaged 
without just compensation as deterinined bv a jury, which shall be paid as 
soon as it can be ascertained, and before possession is taken. No benefit 
which may accrue to the owner as the result of an improvement made byany 
private corporation, shall be considered in fixing tlie compensation for prop- 
city taken or damaged. The fee of land taken for railroad tracks or other 
highways siiall remain in such owners, sat)ject to the use for which it is 
taken. 



THE CONSTITUTION. 



Sec. 14, No distinction shall ever be made by law between resident 
aliens and (citizens, in reference to the possession, enjoyment or descent of 
property. 

ISec. 15. No person shall be imprisoned for debt arising out of or found- 
ed npon a contract . 

Sec. 16. The military siiail be in strict suboidination to the civil power. 
No soldier in time of peace shall be quartered in any house without consent 
of the owner, nor in time of war except in the manner prescribed bj' law. 

Sec. 17. No tax or duty shall be imposed without the consent of the peo- 
ple or their representatives in the legi-slature, ami all taxation shall he equal 
and uniform. 

Sec. 18. No law shall be pa.ssed granting to any citizen, class of citizens 
or corporation, privileges or immunities which upon the same terms siiall not 
equally belong to all citizens or corporations. 

Sec. 19. Elections shall l)e free and equal, and no power, civil or mil- 
itary, shall at any time intefere to prevent the free exercise of the right of 
suftrage. Soldiers in time of war may vote at their post of duty in or out f)f 
the State, under regulations to be prescribed by the legislature. 

Sec. 20. All courts shall be open, and every man for an injurv done him 
in his property, person or reputation, shall have remedy by due course of 
law, and right and justice, administered without denial or delay. 

Sec. 21. No power ot suspending law shall be exercised, unless by the 
legislature or its authority. 

Sec. 22. No person shall be attainted of treason or felony by the legisla- 
ture. 

Sec. 2ii. Excessive bail shall not be required, excessive tines imposed, 
nor cruel punishments inflicted. 

Sec. 24. The right of the citizens to bear arms in defense of themselves 
and the State shall not be denied. 

Sec. 25. Treason against the State shall consist only in levying war 
against it, or In adhering to its enemies, or in giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of two wit- 
nesses to the same overt act or confession in open court. 

Sec. 26. All political power is inherent in the people and all free govern- 
ment is founded on their authority, and is instituted for their equal proter- 
tion and benefit, and they have the right in lawful and constituted metho<ls 
to alter or reform their forms of government in such manner as they may 
think proper. And the State of Dakota is an inseparable part of the Amer- 
ican union, and the Constitution of the United States is the supreme law of 
the land. 

Sec. 27. The blessings of a free government can only be maintained by a 
firm adherence to justice, moderation, temperance, frugality and virtue, and 
by frequent recurrence to fundamental principles. 

-A-ssoriCLE -mi. 

ELECTIONS AXD RIGHT OF SUFFRAGE. 

Section 1. Every male person resident of this State wlio shall be of till- 
age of twenty-one years and upwards, not otherwise disqualified, belonging 
to either of the following classes, who shall be a qualified elector under the 



36 THE COIS^STITUTTOPT. 



laws of the Territor}' of Dakota at the date of the ratification of this Constitui- 
tion by tlie people, or who shall have resided in the United States one year,, 
in this State six months, in the eomity thirty days and in the election pre- 
cinct where he affers his vote ten clays nex-t i)rece(Unu; any election, shall be- 
deemed a qiKilified elector at such election u 

Firsts Citizens of the United States. 

Seconds Persons of foreign birth who sliall have declared tlveir inten- 
tion ta become citizens conforiiiably to the laws of the United States apoii the 
subject of naturalization. 

SiJC. 2. The legislature sIkiU at its first session after tlte adntission of tht- 
State into the Union, submit to a vote of the electors of the State tlie follow- 
ing questions to be voted upon at the next general election held thereafter,, 
namely: '"'Shall the word 'male' be stricken from the article of the Constitu- 
tion relating to elections and the right of suffrage." If a majority of the votes- 
cast upon that question are in favor of striking out said word "^'male," it shalt 
be stricken out and there shall thereafter be no distinction between males- 
and females in the exercise of the right of suti'iage at any election in this 
State. 

Sec. 3, All votes shall Ixi by ballot, but tlie legislature ntay provide for 
numbering ballots for the purpose ot preventing and detecting fraud. 

Sec. 4. All general elections shall be biennial. 

Sec. 5. Electors shall in all cases except treason, felony or breach of the 
peace, be privileged from arrest during their attendance at elections, and in> 
going to and returning from the same. And no elector shall be obliged to do 
military duty on the days of elections, except in time of war or public dan- 
ger. 

Sec. 6. No elector shall be deemed to have lost his residence in this 
State by reason of his absence on business of the United States or of this 
State, or in the military or naval service of the United States. 

Sec. 7. No soldier, seaman or marine in the army or navy of the United 
States shall be deemed a resident of this State inconsequence of l>eing sta- 
tioned therein. 

Sec. 8. No person under guardianship, non compos njentis or insane, 
shall be qualified to vote at any election, nor shall any person convicted of 
treason or felony be qualified to vote at any election unless restored to civil 
rights. 

Sec. 9. Any woman having the qualifications enumerated in section 1 of 
this article, as to age, residence and citizenship, and including those now 
qualified by the laws of the Territory, may vote at any election held solely 
for school purposes and may hold any office in this State, except as other- 
wise provided in this Constitution. 

.A.2^TICI-E: -viii. 

education and school lands. 
Section 1. The stability of a republican form of government depending 
on the morality and intelligence of the people, it shall be the duty of the leg- 
islature to e stablish and maintain a general and uniform system of public 
schools wherein tuition shall be without charge, and equally open to all; and 
to adopt all suitable means to secure to the people the advantages and oppor- 
tunities of education. 



THE C0N8TIT UTI O N . 



Sec. 2. A.11 proceeds of the sale of public lands tliat iiave heretofore 
been or may hereafter be s^iven by the United States for the use of piil>lir 
scIkjoIs in the Suite; ali snch per centum as in ly be <^rantei.i by the Unileii 
States (jn the s:^des of pui»Hc lands; the proi-eeds of all property that sliail fall 
to tlie State by escheat; the proceeds of ali gifts or donations to the State for 
public schools or not otherwise appropriated by tlie terms of the j?ift; and 
all property otherwise acquired for public schools, shall be and remain a per- 
petual fund for the maintenance of public sclioois in the State. It shall be 
deemed a trust fund held by the State. The principal shall forever remain 
inviolate, and may be incretised, but shall never be diminished, and the 
State shall make good all losses thereof which may in any manner occur. 

Sec. o. The interest and income of this fund, together with the net pro- 
ceeds of all fines for violation of Statt laws and all other sums which may 
be addded thereto by law, sliall be faithfully used and applied each year for 
the benefit of the public schools of tlte State, and shall l)e for this purpose 
apportioned among and between all the several public school corporations 
of the State in proportion to the number of children in each, of school age, as 
may be fixed by law; and no part of the fund, either principal or interest, 
shall everbe diverted, even temporarily, from this purpose or used for anv 
other purpose whatever than the maintenance of public schools for the equal 
benefit of all the people of the State, 

Sec. 4. After one year from the assembling of the first legislature, the 
lands granted to the State by the United States for the use of public schools 
may be sold upon the following conditions and no other: Not more than 
one-third of all such lands shall be sold within the first five years, and no 
more than two-thirds within the first fifteen years after the title thereto is 
vested in the State, and the legislature sliall, subject to the provisions of this 
article, provide for the sale of the same. 

The Commissioner of School and Public Lands, the State Auditor and 
the County Superintendent of Schools of the counties severally, shall consti- 
tute boards of appraisal and shall appraise alLschool lands within the several 
counties \\hich they may from time to time select and designate for sale, at 
their actual value under the terms of sale. They shall take care first to select 
and designate for sale the most valuable lands; and they sliall ascertain all 
such lands as may be of special and peculiar value, other tliau agricultural, 
and cause the proper subdivision of the same in order that the largest price 
may be obtained therefor. 

Sec. 5. No lands shall be sold for less than the appraised value and in no 
case for less than ten dollars an acre, unless after the year .\. D. nineteen 
hundred, two consecutive legislatures concur in a law otherwise directing. 
The purchaser shall pay one-fourth of the price in cash and the remainini' 
three-fourths as follows: One-fourth in five years, one-fourth in ten years, 
one-fourth in fifteen years, with interest thereon at the rate of not less than 
six per centum per annum, payable annually in advance; but all such subdi- 
vided lands may be sold for cash, provided that upon payment of the inter- 
est for one full 3'ear in advance, the balance of the purcliase price inav be 
paid at any time. All sales shall be at public auction to the highest bidder 
after sixty' days' advertisement of the same in a newspaper of general circu- 
lation in the vicinity of the lands to be sold, and one at the seat of govern- 
ment. Such lands as shall not have been especially subdivided shall be offered 



■AS TliK COXSTITUTIOX. 

in tracts of iiDt more tliHti eijjhtj' acres, and those so snli(livi;led in tlie 
smallest subdivisions. All lands designated for sale not sold witliin four years . 
after appraisal, shall Ije reappraised bj'the board of appraisal as hereinbefore 
provided before they are sold. 

8ec. 6. All sales shall be conducted through the office of the Commission- 
er of 8chool and Public Lands as may be prescribed bj' law, and returns of 
all appraisals and sales sliall be made to said office. No sale shall operate to 
convey any right or title to any lands for sixty days after the date thereof, 
nor until the same shall have received the approval of the Governor in such 
form as may be provided by law. No grant or patent f(jr any such lands shall 
issue until final payment be made. 

Sec. 7. All lands, money or other property donatetl, granted or receive<i 
from the United Statesor anyotber source for a university, agricultural college 
normal schools or other educational or charitable institution or purpose, and 
the proceeds of all such lands and other property so received from any source, 
sliall be and remain perpetual funds, the interest and income of which, to- 
gether with the rents of all such land as may remain unsold, shall be inviol- 
ab]\' appropriated and applied to the ^specific objects of the original grants or 
gifts. The principal of every such fund may be im^reased, but shall' never be 
iliminished, and the interest and ii come only shall be used. Every such fund 
shall be deemed a trust fund held by the .State, and the State shall make good 
all losses therefrom that siiall in any manner occur. 

Sec. 8. All lands mentioned in the preceding section shall be ai)praised 
and sold in the same manner and by the same officers and board under the 
same limitations, and subject to all the conditions as to the price, sale and ap- 
proval provided above for the appraisal and sale of lands for the benefit of 
public schools, hut a distinct and separate account shall be kept l)y the proper 
officers of each of such funds. 

Sue. 9. No lands mentioned in this article shall be leased excejjt for pas- 
turage and meadow purposes and at ])ublic auction after notice as hereinbe- 
fore provided in case of sale and shall be offered in tracts not greater than 
one section. All rents shall be payable annually in advance, and no term of 
lease shall exceed five years, nor shall any lease be valid untilit receives the 
approval of the Governor. 

Sec. 10. No claim to an_v public lands by any trespasser thereon by rea- 
son of occupancy, cultivation or improvement thereof, shall ever be recogniz- 
ed ; nor shall compensation ever be made on account of any improvements 
made by such trespasser. 

Sec. 11. The moneys of the permanent school and other ertucational 
funds shall be invested only in first mortgages upon good improved farm 
lands within this State as hereinafter provi'led, or in bonds of school corpora- 
tions within the Stale, or in bonds of the United States, or of the State of Da- 
kola. The legislature sha'l provide by law the method of determining the 
amounts of said funds which shall be invested fiom time td time in such 
classes of securities respectivelv, taking care to secure continuous investments 
as far as possible. 

All monej'S of said funds whicii may from time to time be designated 
for investment in farm mortgages and in the bonds of school corporations, 
shall for such purpose lie divided among the organized counties of the State 



THE CONSTITUriON. :]\) 



in proportion to population as nearly as j)rovisioiis by law to setiire cuiitin- 
iions investments may permit. Tlie several counties sliall hold and majiage 
tiie same as trust funds, and tliey shall be and remain responsible and ac- 
eountable tor the principal and interest of all sucli moneys received by them 
from the date of receipt until returned because not loaned; and in case of 
loss to any money s«> apportioned to any coujity, such county shall make tlie 
same fjood out of its conunon revenue. Counties shall invest said moneys in 
bonds of sciiool corporations, or in first mortgages upon good improveii farm 
lands witliin their limits respectively ; but no farui loan shall exceed five hun- 
dred dollars to any one person, nor shall it exceed one-half tiie valuation of 
the lands as assessed for taxation, and the rate of interest shall not be less 
than six per centum per annum, and shall be such other ajid higher rates 
as the legislature may provide, and shall be payable semi-annually on the 
first days of January and July; provided, that whenever there are moneys 
of said funds in any county amounting to one thousand dollars that cannot 
be loaned according to the provisions of this section and any law pursuant 
thereto, the said sum may be returned to the State treasurer to be entrusted 
to some other count.v or counties, or otherwise invested under the provisions 
of this section. 

Each county shall semi-annually, on the first days of Januar\' and July, 
render an account of the condition of the funds intrusted to it, to the auditor 
of the State, and at the same time pay toT)r account to the State treasurer for 
the interest due on all funds entrusted to it. 

The legislature may provide bj' general law that counties may retain from 
interest collected in excess of six per centuai per annum upon all said funds 
intrusted to them, not to exceed one per centum per animm. But no county 
shall be exempted from the ol)ligation to make semi-annual payments to the 
State treasury of interest at the rate provided by law for said loans, 
except only said one per centum; and in no case shall the interest so to be 
paid be less than six per centum per annum. 

The legislature shall provide by law for the safe investment oftne ])er- 
manent school and other educational funds, and for the prompt collection of 
interest and income thereof, and to carry out the objects and provisions of 
this section. 

Sec. 12. The Governor maj' disapprove any sale, lease or investment 
other than such as are intrusted to the counties. 

Sec. 13. All losses to the permanent school or othej- educational funds of 
this State which shall have been occasioned by the defalcation, negligence, 
mis-management or fraud of the agents or officers controlling and managing 
the same, shall be audited by the proper authorities of the State. The amount 
so audited sliall be a permanent funded debt against the State in favor of the 
fund sustaining the loss upon which not less than six per centum of annual 
interest shall be paid. The amount of in Jebtediiess so created shall not be 
counted as a part of tlie indebtedness mentioned in article XIII, section 2. 

Sec. 14. The legislature shall provide b\' law for ttie protection of the 
school lands from trespass, or unlawful appropiiation, and for their defense 
against all unauthorized claims or efforts to divert them from the school fund. 



40 THE CONSTITUTION. 



Sec. 15. The legislature shall make such provisions by general taxation, 
and by autboriziinr the school corporations to levy such additional taxes, as 
with the income from the permanent school fund shall secure a thorough an<l 
efficient system of common schools throughout the dtiite. 

Sec. 1(5. No appropriation of lands, money or other property or credits • 
to aid any sectarian school shall ever be made by the State, or anj"^ county or 
inuni(;ipality within the State, nor shall the State or any county or municipal- 
ity within the State accept an v grant, conveyance, gift or bequest of lands, 
money or otiier properry to be used for sectarian purposes, and no sectarian 
instruction shall be allowed in any school or institution ailed or supported 
b\ the State. 

Sec. 17. No- teacher, State, county, township or district school officer 
shall be interested in the sale, proceeds or profits of any book, apparatus or 
furniture used or to be used in any school in this State, under such penalties 
as shall be provided by law. 

COUNTY AND TOWNSHIP ORCJANIZATION. 

Section 1. The legislature siiall provide bj^ general law for organizing 
new counties, locating the county seats thereof and changing county lines: 
but no new county shall be organized so as to include an area of less than 
twenty-four congressional townships, as near as may be without dividing a 
township or fractional township, nor shall the boundaries of any organized 
county be changed so as to reduce the same to a less area than above speci- 
fied. All changes in county boundaries in counties already organized, before 
taking effect, shall be submitted to the electors of the countj' or counties to 
be affected thereby, at the next general election thereafter and be adopted 
by a majority of the votes cast in each county at such election. Counties now 
organized shall remain as they are unless changed according to the above 
provisions. 

Sec. 2. In counties already organized where the county seat has not 
been located \)y a majority vote, it shall be the duty of the county board to 
submit the location of the county seat to the electors of said county at a gen- 
eral election. The place receiving the majority of all votes cast at said elec- 
tion shall be the county seat of said county. 

Sec. '.). Whenever a majority of the legal voters of any organized county 
shall petition the county board to change the location of tiie county seat 
which has once heen located by u majority vote, specifying the place to 
which it is to be changed, said county board shall submit the same to the peo- 
ple of Said county at the next general election, and if the proposition to 
change the county seat be ratified by two-thirds of the A'otes cast at said elec- 
tion, then the county seat shall be changed, otherwise not. A proposition to 
change the location of the county seat of any organized county shall notaj-ain 
i)c submitted before tiie exjjiration of four years. 

Sec. 4. The legislature shall provide l)y general law for organizing the 
counties into townsliii>s, having due regard for congressional township lines 
and natural boundaries, and whenever the poinilation is sntficient and the 
natural boundaries will permit, the civil townsbiits shall be co-extensive with 
the congressional townshijis. 

Spjc. 5. In each organized (•onnty at the titst general election held after 



THE CONSTITUTION. 41 



the admission of the State of Dakota into the Union, and every two years 
thereafter, there shall be elected a clerk of the court, sheriff, county auditor, 
register of deeds, tr^easurer. State's attorney, surveyor, coroner and superin- 
tendent of schools, whose terms of office respectively siiall be two years, and 
except the clerk of the court, no person shall be eligible for more than four 
years in succession to any of the above named offices. 

Sec. 6. The legislature shall provide by general law for such county, 
township and district officers as may be deemed necessary, and shall pre 
scribe the duties and compensation of all county, township and district of- 
ficers. 

Sec. 7. All county, township and district officers shall be electors in the 
county, township or district in which they are elected, provided that nothing 
sn this section shall prevent the holding of school offices by any person, as 
provided in section 9, article VII. 

MUNICIPAL CORPORATIONS. 

Section 1. The legislature shall provide by general laws for the organiza- 
tion and classification of municipal corporations. The number of such classes 
shall not exceed four, and the powers of eaL;h class shall be defined by geii' 
•eral laws, so that no such corporations shall have any powers or be subject to 
any restrictions other than all corporations of the same class. The legisla- 
ture shall restrict the power of such corporations to levy taxes and assess- 
ments, borrow money and contract debts, so as to prevent the abuse of such 
power. 

Sec. 2. P^xcept as otherwise provided in this Constitution, no tax or as- 
sessment shall he levied or collected or debts contracted b}^ municipal corpo- 
rations, except in pursuance of law, for public purposes specified by law; 
nor shall money raised b}' taxation, loan or assessment, for one purpose, ever 
be diverted to any other. 

Sec. 3. No street passenger railway or telegraph or telephone line shall 
be constructed within the limits of any village, town or city without flie con- 
sent of its local authorities. 

REVENUE AND FINANCE. 

Section 1. The legislature shall provide for an annual tax, sufficient to 
defray the estimated ordinarj' expenses of the State for each year, not to ex- 
ceed in any one j'ear two mills on each dollar of the assessed valuation of all 
taxable property in the State, to be ascertained by the last assessment made 
for State and county purposes. And whenever it shall appear that such ordi- 
nary expenses shall exceed the income of the State for such year, the legis- 
lature shall provide for levying a tax for the ensuing year sufficient with other 
resources of income to pay the deficiency of the preceding year, together 
with the estimated expenses of such ensuing year. And for the purpose of 
paying the public debt, the legislature shall provide for levying a tax annu- 
ally, sufficient to pay the annual interest and the principal of such debt with- 
in ten years from the final passage of the law creating the debt, provided 
that tlie annual tax for the payment of the interest and principal of the pub- 
lic debt shall not exceed in any one year two mills on each dollar of the as- 
sessed valuation of all taxable property in the State as ascertained by the last 
assessment made for State and county^ purposes. 



42 TIIF, CONSTITUTION. 



Sec. 2. All taxes to be raised in this State shall be uniform on all real 
and personal property, according to its value in money, to be ascertained by 
such rules of appraisement and assessment as may be prescribed by the leg- 
islature by general law, so that every person and corporation shall pay a tax 
in proportion to the value of liis, her or its property. And the legislature 
shall provide by general law for the assessing and levying of taxes on all cor- 
poration property, as near as may be by the same methods as are provided 
for the assessing and levying of taxes on individual property. 

Sec. 3. The power to tax corporations and corporate property shall not 
be surrendered or suspended by any contract or grant to which the State 

shall be a party. 

Sec. 4. The legislature shall provide for taxing all moneys, credits, in- 
vestments in bonds, stocks, joint stock companies, or otherwise; and also for 
taxing the notes and bills discounted or purchased, moneys loaned and all 
other property, effects or dues of every description, of all banks and of all 
bankers, so that all property employed in banking shall always be subject to 
a taxation equal to that imposed on the property of individuals. 

Sec. 5. Tiie property of the United States and of the State, county and 
municipal corporations, both real and personal, shall be' exempt from tax- 
ation. 

Sec. 6. The legislature shall, by general law, exempt from taxiition 
property used exclusively for agricultural and horticultural societies, for 
schools, religious, cemetery and charitable pur})oses, and personal prni)erty 
to any amount not exceeding in value two hundred dollars for each individ- 
ual liable to taxation. 

Sec. 7. All laws exempting property from taxation other than that 
enumerated in sections 5 and 6 of this article, shall be void. 

Sec. 8. No tax shall be levied except in pursuance of a law, which shall 
distinctly state the object of the same, to which the tax only shall be ap- 
plied. 

Sec! 9. All taxes levied and collected for State purposes, shall be paid 
into the State treasury. No indebtedness shall be incurred or money expend- 
ed by the State,and no warrants shall^be drawn upon the State treasury except 
in pursuance of an appropriation for the specilic purpose first made. The 
legislature shall provide by suitable enactment for carrying this section into 

effect. 

Sec. 10. The legislature may vest the corporate authority of cities, towns 
and villages with power to make local improvements by special taxation of 
contiguous property or otherwise. For all corporate purposes, all niunicipid 
corporations may be vested with authority to assess and collect taxes; hut 
such tax shall be uniform in respect to persons and property within the juris- 
diction of the body levying the same. 

Sec. 11. The making of profit, directly or indirectly, out of the State, 
county, city, town or school district money, or using the same for any pur- 
pose not authorized by law, shall be deemed a felony and shall be punisiied 
as provided by law. 

Sec. 12. An accurate statement of the receipts and expenditure- <•(■ the 
public moneys shall be published annually, in such manner as the legislature 
may provide. 



THE (X)NSTITUTION. 43 



PUBLIC ACCOUNTS AND EXPENDITURES. 

Section 1. Xo money sliall be paid out of the treasury except upon ap- 
propriation by law and on warrant drawn by the proper officer. 

Sec. 2. The general appropriation bill shall embrace nothing but appro- 
priations for ordinary expenses of the executive, legislative and judicial de- 
partments of the State, the current expenses of State institutions, interest 
on pnblic del>t and for common schools. Ml other appropriations shall be 
made by separate bill.s, each embracing but one object, and shall require a 
two-thirds vote of all the members of each branch of the legislature. 

Sec. o. The legislature shall never grant any extra compensation to any 
pnblic officer, employe, agent or contractor after the services shall have been 
rendered or tiie contract entered into, nor authorize the payment of any 
<:lainis or part there)f created against the State, under any agreement or con- 
tract made without e.^cpress a,uth ority of I uv, anl all such uniathorized agree- 
ments or contracts shall be null and void; nor shall the compensation of any 
public officer be increased or diminished daring his tern\ of office; provided, 
liowever, that the legislatuie may make appropriations for expenditures in- 
ouri-ed in suppressing insurrection or repelling invasion. 

Sec. 4. An itemized statement of all receipts and expenditures of the 
public moneys shall be published annually in such manner as the legislature 
shall provide, and su(!h statement shall be submitted to the legislature at the 
beginning of each regular session by the Governor with his message. 

PUBLIC INDEBTEDNE.SS. 

Section 1. Neither the State nor any county, township or municipality 
sliall loan or give its credit or make donations to or in aid of any individual, 
association or corporation except for the necessary support of the poor, nor 
subscril)e to or become the owner of the capital stock of any association or 
corporation, pay or become responsible for the debt or liability of any indi- 
vidual, .association or corporation ; provided, that the State may assume or 
pay such debt or liabdity wlien incurred in time of war for the defense of the 
State. Xor shall the State engage in any work of internal improvement. 

Sfc. 2. For the purpose of defrajdng extraordinary expenses and mak- 
ing public improvements, or to meet casual deficits of failure in revenue, the 
State may contract debts never to exceed with previous debts" in the aggre- 
gate $500,000, and no greater, indebtedness shall be incurred except for the 
purpose of repelling invasion, suppressing insurrection, or defending the 
State or the United States in war, and provision shall be made by law for the 
payment of the interest annually, and the principal when due, by tax levied 
for the purpose, or from other sources of revenue; which law providing for 
the payment of such interest and principal Ijy such tax or otherwise, shall be 
irrepealable until such debt is paid. 

Sec. ;->. The debt of any county, city, town, school district, or other sub- 
division, shall never exceed fivepercentum upon the assessed value of the 
taxal)le property therein. In estimating the amount of indebtedness which 
a municipality or subdivision maj- incur, the amount of indebtedness con- 
tracted prior to the adoption of this Constitution shall be included. 

Skc. 4. Any city, county, town, school district or any other subdivision 



44 THE CONSTITUTiaK". 



incurring indebtedness shall, at or before the time of so doing, provide for 
the collection of an annifal tax sufficient to pay tlie interest and also the 
principal thereof when diie, and all laws or ordinances providing for the pay- 
ment of tlie inter est or principal of any del>t shall l>e irre)>ealab'le until such 
debt be paid. 

Sec. 5. Consent is given that congress n>ay make such pro\ision for the 
payment by this State of the existing iridebtedness of the Territory of Dako- 
ta as it shall deem just and equitable, and this State Bltall assume and pay st>- 
much thereof as congress may provide. 

a STATE INSTITUTIONS. 

Section 1. The charitable and penal institutio-ns of tl>e State of Dakotii 
shall consist of a penitentiary, insane hospitable, a sehoo'l for the deaf ami 
dumb, a school for the blind and a reform school, 

Sec. 2. The State institutions provided for in the preceding section siiali- 
be under the control of a State Board of Charities and Corrections, under 
such rules and restrictions as the legislature shall provide; such board to con- 
sist of not to exceed live members, to be appointed by the Governor anti 
confirmed by the senate, and whose compensation shall be fixed by law. 

Sec. 3. The State university, the agricultural college, the normal schools 
and other educational institutions that may be sustained either wholly or in 
part by the State shall i>e under the control of a l>oard of nine members, ap- 
pointed by the Governor and confirmed by tiie senate, to be designated the 
regents of education. They, shall hold their office for sis years, three retiring; 
every second year. 

The regents in connection with the faculty of each institution shall fix 
the course of study in the same. 

The compensation of the regents shall be fixed by the legislature. 

Sec. 4. The regents shall appoint a board of five members for each in- 
stitution under their control, to be designated the board of trustees. They 
shall hold office for five years, one member retiring annually. The trustees 
of each institution shall appoint the faculty of the same, and shall provide 
for the current management of the institution, but all appointments and re- 
movals must have the approval of the regents to be valid. The trustees of 
the several institutions shall receive no compensation for their services but 
they shall be reimbursed for all expenses incurred in the discharge of their 
duties, upon presenting an itemized account of the same to the proper offi- 
cer. Each board of trustees at its first meeting shall decide by lot the order 
in which its members shall retire from office. 

Sec. 5. The legislature shall provide that the science of mining and met- 
allurgy be taught in at least one institution of learning under the patronage 
of the State. 

MILITIA. 

Section 1. The militia of the State of Dakota shall consist of all able- 
bodied male persons residing in the State, between the ages of eighteen and 
forty-five years, except such persons as now are, or hereafter may be, ex- 
empted by the laws of the United States or of this State. 

Sec. 2. The legislature shall provide by law for the enrollment, uniform- 
ing, equipment and discipline of the militia and the establishment of volun- 



THE CONSTITUTION. 45 



teers and sucli other organizations, or Doth, as may be deemed necessary for 
the protection of the State, tlie preservation of order and the efficiency and 
<;ood of the service. 

Sec. 3. The legislature, in providing for the organization of the militia, 
shall conform, as nearly as practicable, to the regulations for the government 
of the armies of the United States. 

Sec. 4. All militia officers shall be commissioned by the Governor, and 
may hold their commissions for such period of time as the legislature may 
provide, subject to removal by the Governor for cause, to be first ascertained 
by a court-martial, pursuant to law. 

Sec, 5. Tiie militia shall in all cases, except treason, felony or breach of 
the peace, he privileged from arrest during their attendance at muster and 
elections, and in going to and returning from the same. 

Sec. 6. All military records, banners and relics of the State, except when 
in lawful use, shall be preserved in the office of the Adjutant Genei-al, as an 
endhring inemotial of the patriotism and valor of Dakota; and it shall be the 
duty of tiie legislature to provide b}' law for the safe keeping of the same. 

Sec. J. No person having conscientious scruples against bearing arms 
rshall be compelled to do military duty in time of peace. 

IMPEACHMENT AND REMOVAL FROM OFFICE. 

Section 1.. The bouse of representatives shall have the sole power of im- 
peachment. The concurrence of a majority of all members elected shall be 
necessar\^ to an impeachment. 

Sec. 2. All impeachments shall be tried by the senate. When sitting for 
that purpose the senators shall be upon oath or affirmation to do justice ac- 
cording to law and evidence. No person shall be convicted without the con- 
currence of two-thirds of the members elected. When the Governor or Lieu- 
tenant Governor is on trial, the prtJsiding judge of the Supreme Court shall 
presiile. 

Sec. 3. The Governor and other State and judicial officers, except county 
judges, justices of the peace and police iwagistratcs, shall be liable toimpeach- 
ment for drunkenness, crimes, corruot conduct or malfeasance or misde- 
meanor in office, hut judgmentin such cases shall not extend further than 
to removal from office and disqualificatiou to hold any office of trust or profit 
under the State. The person accused, whether convicted or acquitted, shall 
neverthelciss be liable to indictment, trial, judgment and punishment accord- 
ing to law. 

Sec. -i. All officers not liable to impeachment shall be subject to re- 
moval for misconduct, malfeasance, crime or misdemeanor in office, or for' 
drunkenness or gross incompetency in such manner as may be provided 
by law. 

Sec. 5. No officer shall exercise the duties of his office after he shall 
have been impeaclied and before his acquittal. 

Sec. 6. On trial of an impeachment against the Governor, the Lieuten- 
ant Governor shall not act as a member of the court. 

Sec. 7. No person shall be tried on impeachment before he shall have 
been served with a copv tiiereof at least twenty days previous to the daj' set 
for trial. 



46 THE C0N8TITITTI0N. 



Sec. 8. No person shall be liable to iiui)eachiueiit twice for the same 
offense. 

CORPORATIONS. 
Skction 1. No corporation shall l>e created or iiave its charier extended,, 
chanjied or amended by special laws except those for charital>le, educational- 
penal or reformatory purposes, whicli are to l>e and remain under the pat- 
ronage and control of the State; but the legislature shall provide by general 
laws for the organization of all corporations hereafter to be create<l. 

Sec. 2. All existing charters, or grants of special or exclusive privileges, 
under which a bona fide organization shall not have taken place and busi- 
ness been commenced in good faith at the time this Constitution takes effect, 
shall thereafter have no validity. 

Sec. o. The legislature shall not remit the forfeiture of the cisarter of 
any corporation now existing, nor alter or amend the same, nor pass any 
other general or special law for the benefit of such corporation, except upon 
the condition that such corporation shall thereafter liold its charter subject 
to the provisions of this Constitution. 

Sec. 4. The exercise of the right of eminent domain shall never be 
abridged or so construed as to prevent the legislature from taking tiie prop- 
erty and franchises of incorporated companies and subjecting them to pub- 
lic use, the same as the property of individuals; and the exercise of the 
police power of the State shall never be abridged or so construed as to per- 
mit corporations to conduct their business in such manner as to infringe the 
equal rights of individuals or the general well being of the State. 

Sec. 5. In all elections for directors or managers of a corporation, each 
member or shareholder may cast the whole number of his votes for one can- 
didate or distribute them upon two or more candidates as he may prefer. 

Sec. 6. No foreign corporation shall do any business iu this State with- 
out liaving one or more known places of business and an authorized agent or 
agents in the same upon whom process may be served. 

Sec. 7. No corporation shall engage in any business other than that 
expressly authorized in its charter, nor shall it take or hold any real estate 
except such as may be necessary and proper foi its legitimate business. 

Sec. 8. No corporation shall issue stocks or bonds except for money, 
labor done or money or property actually received; and all fictitious increase 
of stock or indebtedness shall be void. The stock and indebtedness of cor- 
porations shall not be increased except in])ursuance of general law nor with- 
out the consent of the persons holding the larger amount in value of tiie 
stock first obtained, at a meeting to be held after sixty days notice given iu 
pursuance of law. 

Sec. 9. The legislature shall have the power to alter, revise or annul any 
charter of any corporation now existing and revocable at the taking effect 
of this Constitution, or any that may be created, whenever in their opinion 
it may be injurious to the cities of this State; in such a manner, however, 
that no injustice shall be done to the incorporators. No law hereafter en- 
acted shall create, renew or extend the charter of more than one corpo- 
ration. 



THE CONSTITUTION. 47 

St:^-. 10. No l;i\v shall be passed by the legislature granting tlie right to 
k^onstruct and operate a street railroad within any city, town or incorporated 
village, without requiring the consent of the local authorities having the con- 
trol of the street or highway proposed to be occupied by such street railroad 

Sec. II. Any association or corporation organized for the purpose, or 
.uny individual, shall have the right to construct and maintain lines of tele- 
graph in tills State, and to connect the same with other lines; and the legis- 
lature shall by general law of uniform operation provide reasonable regula- 
tions to give full effect to this section. No telegraph company shall consol- 
idate with, or hold a controlling interest in the stock or bonds of any other 
telegraph (iompan}' owning a competing line, or acquire by purchase or other- 
wise any other competing line of telegraph. 

Sec. 12. Ever^' railroad corporation organized or doing business in this 
iState, under the laws or authority thereof, shall have and maintain a public 
office or place in this Slate for tiie transaction of its business, where transfers 
of its stock shall be made and in which shall be kept for public inspection, 
books in wliich shall be reco-ded the amount of capital stock subscribed, and 
by whom, the names of the owners of its stock and the amount owned by 
them respectively; the amount of stock paid in and by whom, the transfers 
of said stock; the amount of its assets and liabilities and the names and place 
of residence of its officers. The directors of every railroad corporation shall 
Hunually make a report, under oath, to the auditor of public accounts, or 
some officer or officers to be designated by law, of all their acts and doings, 
which report shall include such matters relating to railroads as may be pre- 
scribed by law, and the legislature shall pass laws enforcing by suitable penal* 
ties the provisions of this section. 

Sec. 13. The rolling stock and all other movable property belonging to 
any railroad company or corporation in this State, shall be considered perso- 
nal property, and shall be liable to execution and sale in the same manner 
as the personal property of individuals, and the legislature shall pass no laws 
exempting such property from execution and sale. 

Sec. 14. No railroad corporation shall consolidate its stock, prop- 
erty or franchises with anj' other railroad corporation owning a par- 
allel or competing line; and in no case shall any consolidation take place 
except upon public notice given at least sixty daj'S to all stockholders, in 
such manner as may be provided by law. Any attempt to evade the provis- 
ions of this section, by an\' railroad corporation, by lease or otherwise, shall 
work a forfeiture of its charter. 

Sec. 15. Railways heretofore constructed or that may hereafter be con- 
structed in this State are hereby declared public highways, and all railroad 
and transportation companies are declared to be common carriers and subject 
to legislative control; and the legislature shall have power to enact laws reg- 
ulating an<l controlling the rates of charges for the transportation of passen- 
gers and freight, as such common carriers from one point to another in this 
state. 

Sec. 11). An}' association or corporation organized for the pur))Ose shall 
iiave the right to construct and operate a railroad between any points within 
this State, and to connect at the State line with railroads of other States. 
Every railroad company shall have the right with its road to intersect, 



-is THE CONSriTUTIOM. 



connect with or cross luiy other niilro.ul; and sliall receive aiul transport each 
the others passengers, tonnage and cars, loaded or empty, without delay oi 
Uiscrinnnation. 

Sec. 17. The legislature shall pass laws to correct abuses and prevent dis- 
crimination and extortion in the rates of freight and passenger tariffs on the 
different railroads in this State, and enforce s^ich laws bj' adequate penalties. 
to tlie extent, if necessary for that mirposey of forfeiture of their property and 
franchises. 

Si'X;. 18. Municipal and otlver cor|X)ralioMs and individuals invested with 
the privilege of taking private property for public use shall uuike just com- 
pensation for property taken, injured or destroyed by the construction or en- 
largement of their works, highways or improvements, vvhicli compensation 
shall be paid or secured before such talcing, injury or destruction. The legis- 
lature is hereby prohibited from depriving any person of an a])peal from any 
preliminary assessment of damages against any such corporations or individ- 
uals, made by viewers or otherwise; and the amount of such danaages in all 
cases of appeal shall, on the demand of either party, be determined by a 
jury as in other civil cases. 

Sec. 19. The term "corporations," as used in this article, shall l>e con- 
strued to include all joint stock companies or associations having any of the 
powers or privileges of corporations not possessed by individuals or partner- 
ships. 

BANKING AND CURRENCY 

Section 1. If a general banking law shall be enacted it shall provide for 
the registry and countersigning by an otlicer of this State of all bills or paper 
credit designed to circulate as money, and require securit}' to the full amount 
thereof, to be deposited with the State Treasurer, in the approved securities 
of the State or of the United States, to be rated at ten per cent below their 
par value, and in case of their depreciation the deficiency shall be made good 
by depositing additional securities. 

Sec. 2. Every bank, banking coinpanv or corporation shall be required 
to cease all banking operations within twenty years from the time of its or- 
ganization, and piomptly thereafter close its business, but shall have corpo- 
rate capacity to sue or be sued until its business is fully closed; but the legis- 
lature may provide by general law for the reorganization of such banks. 

Sec. 3. The shareholders or stockholders of any banking corporation 
shall be held individually responsible and liable for all contracts, debts and 
engagements of sucli corporation to the extent of the amount of their stock 
therein, at the par value thereof, in addition to the amount invested in such 
shares or stock; and such individual liability shall continue for one year after 
any transfer or sale of stock by any stockholder or stockholders. 

CONGRE^>SIONAL AND LEGISLATIVE APPORTIONMENT. 

Section 1. Until otherwise provided by law, the members of the hou.se 
of representatives of the United States apportioned to this State shall be 
elected by the State at large. 

Sec. 2. Until otherwise provided by law, the senatorial and representa- 
tive districts shall be formed, and the senators and representatives shall be 
apportioned, as follows: 



THE CONSTITUTION. 49 



SKNATOKIAI, 1HSTKICT8. 

District No. 1 Khali consist of the county of Union and be entitled to one 
senator. 

District No. 2 shall consist of the county of Clay and be entitled to ont^ 
senator. 

District No. :} shall consist of the county of Yankton and be entitled to 
one senator. 

District No. 4 slmll consist of the county of Bon Homme and be entitled 
to one senator. 

District No. 5 shall consist of the county of Lincoln and be entitled to 
one senator. 

District No. 6 shall consist of the county of Tnrnerand be entitled to one 
senator. 

District No. 7 shall consist of the county of Hutchinson and be entitled to 
one senator. 

District No. 8 shfdl consist of the counties of Douj?las and Charles Mix 
and be entitled to one senator. 

District No. !> shall consist of the county of Minnehaha and be entitled to 
two senators. 

District No. 10 shall consist of the county of Brule and be entitled to one 
senator. 

District No. 11 shall consist of the counties of Aurora and Jerauld and be 
entitled to one senator. 

District No. 12 shall consist of the county of Davison and be entitled to 
one senator. 

District No. lo shall consist of the counties of McCook and Hanson and 
be entitled to one senator. 

District No. 14 shall consist of the counties of Moody and I^ake and be 
entitled to one senator. 

District No. 15 shall consist of the counties of Sanborn and Miner and be 
entitled to one senator. 

District No. 16 shall consist of the county of Brookings and be entitled 
to one senator. 

District No. 17 shall consist of the county of Kingsbury and be entitled to 
one senator. 

District No. 18 shall consist of the county of Beadle and be entitled to 
one senator. 

District No. 19 shall consist of the counties of Hand and Buffalo and be 
entitled to one senator. 

District No. 20 shall consist of the counties of Codington and Deuel and 
be entitled to one senator. 

District No. 21 shall consist of the counties of Clark and Hamlin and be 
entitled to one senator. 

District No. 22 shall consist of the counties of Grant and Roberts and 
the territory north thereof and south of the 4<)th parallel and be entitled to 
one senator. 

District No. 23 shall consist of the counties of Marshall and Day and the 
territory north thereof and south of the 46th parallel and be entitled to one 
senator. 



."jO 



THE CONSTITUTION. 



District No. 24 shall consist of the count}' of Spink and be entitled to 
one senator. 

District Xo. 25 shall consist <tf tlie county of Brown and the territory north 
thereof and south of the Wth parallel and be entitled to two senators. 

District No. 2(5 shall consist of the cotiiilies of McPiierson, Edmunds and 
Faulk and the territory n(>rth thereof and south ot the 4'>tli parallel and be 
entitled to one senator. 

District No. 27 shall consist of the couutiesof NVahvorth. Potter, Hnllv and 
rani})beU and the territory north tliereof andsouth of tlie 40th ])arallel au'I 
he entitled to one senator. 

District No. 28 shall consist of the counties of Hyde and Hughes and l)e 
entitled to one .senator. 

Di.strict No. 29 shall consist of ti»e counties of Lawrence ami Butte an<l be 
entitled to two senators. 

District No. 30 shall consist of the counties of Penninjiton, Custer and 
Fall River and be entitle*! to one senat<tr. 

KKI'UESEN'TAT I VE DISTRICTS. 

District No. 1 shall consist of the county of Union an<l be entitled to tliiee 
representatives. 

District No. 2 shall cntisist of the county of Clay and be entitled to two 
r(!presentatives. 

District No. '\ shall consist of the county of Yankton an<l be entitled to 
four repre.sentatives. 

District No. 4 shall consist of the county of i5on Homme and l)e entitlcil 
to three representatives. 

Distri(;t No. 5 shall consist of the county of Lim-oln and be entitle<l to 
three renresentatives. 

District No. sliall consist of the county of Turner and be entitled to three 
r<;presentatives. 

District No. 7 shall consist oftlie county of Hutchinson antl be entitled to 
three representatives. 

District No. 8 shall consist of the county of l)ouj;las and !)(' entitled to 
one representative. 

District No. 9 shall consist of t!ic .vmnty of Charles Mix and De cntitle<l 
to one representative. 

District No. 10 shall consist of the county Minn<di;iha and be eiititle<l to 
four representatives. 

District No. 11 siiall consist of the county of McCookand l)e entitled to 
two representatives. . 

District No. 12 shall consisi of the county of Hanson ;nid l)e fufitled to 
two representatives. 

District No. lo sli.ali consist of the county of l>;ivison ami he eiititlci! to 
one representative. 

District No. 14 shall consist of the countv of Aurora and be entitled to 
two representatives. 

District No. 15 shall consist of the county of Brule and be entitled to 
three representatives. 

District No. 16 shall consist of lin- county of Moody and be entitled to 
two representatives. 



^cB 



THE CONSTITUriON. r>l 



Distiict No. 17 sha]j consist of the toiuity of T^ike and be entitled to two 
representatives. 

District No. 18 sliall consist oftlic county of Miner and be eiititled to two 
representatives. 

District No. lU shall run.sist of tbe county of iSunborn and be entitled to 
two representatives. 

District No. 2(» shall consist of the county of Jerauld and be entitled to 
one representative. 

District No. 21 shall consist of the county of Brookings and be entitled to 
three reytresentatives. 

District No. 22 shall consist of the county of Kingsbury and be entitled to 
two representatives. 

District No. 2::» shall consist of the county i>f Beadle and be entitled to 
five representatives. 

District No. 24 shall consist of the counties of Hand and Buffalo and be en- 
titled to three representatives. 

District No. 2o shall consist of the county of Hyde and be entitled to one 
representative. 

District No. 2t> shall consist of the county of Hughes and be entitled to 
two representatives. 

District No. 27 shall consist of the county of ►Sully and be entitled to one 
representative. 

District No. 28 shall consist of the countv of Deuel and be entitled to two 
representatives. 

District No. 20 shall consist of the county of Grant and be entitled to two 
representatives. 

District No. 30 shall consist of the county of Roberts and the territorv 
north thereof and south of the 46th parallel and be entitled to one represen- 
tative. 

District No. 31 shall consist of the county of Hamlin and be entitled to 
one representative. 

District No. 32 shall consist of the county of Codington and be entitled to 
two representatives. 

District No. 33 shall consist of the county of Clark and be entitled to two 
representatives. 

District No. 34 shall consist of the county of vSpink and be entitled to five 
representatives. 

District No. 35 shall consist of the county of Faulk and be entitled to one 
representative. 

District No. 36 shall consist of the c»»unty of Potter and be entitle*! to one 
representative. 

District No. 37 shall consist of the county of Marshall and the territorv 
north thereof and south of tlie 4<>th parallel and be entitled to one represen- 
tative. 

District No. 38 shall consist of the county of Day and be entitled to two 
representatives. 

Distiict No. 39 shall consist of the county of Brown and the territo]\- 
north thereof and south of the 46th parallel and be entitled to four represen- 
tatives. 



52 THE CONSTITUTION. 



District No. 40 shall consist of tin; roanty of PMri)uii<ls an<l Im entitle*! to 
one representative. 

District No. 41 shall consist of the i-ountv of Walwocth and he eiititleil to 
one representative. 

District No. 42 shall consist of the county of McPherson and the territory 
north thereof and south of the 4()th parallel and be entitled to one represen- 
tative. 

District No. 43 shall <-onsist of the county of Campbell and the territ(jry 
north thereof and south <»f the 4f)th parallel and be entitleti to one represen- 
tative. 

District N<i. 44 shall consist ot tlie counties of Full Kiver and Custer and 
be entitled to one representative. 

District No. 45 shall consist of the county of Penniniitoii and be entitieil 
to one representative. 

District No. 46 shall ci^nsist of the county of Lawrence and be entitled to 
four representatives. 

District No. 47 shall consist of the c(Kuitr of Butte and be entitled to one 
representative. 

SEAT OK GOVERNMENT. 

Section 1. The question of the location of the tenip(jrary seat of govern- 
ment shall t)e submitted to a vote of tiie electors of the proposed State of Da- 
kota in the same manner atid at the same election at which this Constitution 
shall be submitted, and the place receivina: the highest numberof votes shall 
be the temi»orary seat of government until a permanent seat of government 
shall be established as hereinafter ])rovided. 

Sec. 2. The legislature at its tirst session after the admission of this State, 
shall provide for the subnnssion of the question of a place for a permanent 
seat of government to the qualified voters of the State at the next general 
election thereafter, and that place which receives a majority of all the votes 
cast upon that question shall be the permanent seat of government. 

Sec. :>. Should no phice voted for at said flection have a majority of 
all votes cast upon this (juestion, the Governor shall issue his )>roclama- 
tion for an election to be held in the same manner at tlie next general elec- 
tion to choose between the two places havin^g received the higiiest nuHd)er 
of votes cast at the first election on tins question. This election shall l>e con- 
ducted in the same manner as the first election for the permanent seat of 
government, and the jdace receiving the majority of all votes cast upon this 
question shall be the jiermanent seat of govcrnimTit. 
.A.I^■rICXJE 22:25:1. 

MISCELLANEOUS. 

Sectio.v 1. Seal and Coat of Ar.ms. — The design of the great seal shall be 
as follows: A circle within which shall appear in tlie left foreground a smelt- 
ing furnace and other pictures of mining work. In the left backirround a 
ratige of hills. In the right foreground a farmer at his plow. In the right 
background a herd of cattle and a field of corn. Between tlie two parts thus 
flescribed shall appear a river bearing a steamijoat. Properly divided be- 
tween the iii)})er and lowiT edges of the circle shall appear the legend, 
"liidcr <iod the PeopK- Rule," which shall be the motto of the State of 



THE coNSTiTUrroN. m 

©akotu. Exterior to this circle and within a circumscribed circle shall ap- 
ipear, in the upper part, the words "State of Dakota." In the lower part the 
'words *'Great Seal," and the date in Arabic numerals of the year in which 
-the State be admitted to the Union. 

Sec. 2. Compensation of Public Officers. — The Governor shall receive 
:an annual salary of two thousand five hundred dollars; the judges of the 
Supreme Court shali each receive an annual salary of two thousan-d five 
hundred dollars; the judges of the circuit courts shall each receive an annual 
>.salary of two thousand dollars: )irovided that the legislature may, after iie 
year one thousand, eiaht hundred and ninety, increase the annual salary of 
the Governor and each of the judges of the Supreme Court to three tliousand 
dollars, and the annual salary of each of the circuit judges to two thousand 
five hundi"ed dollars. 

The Secretary of State, State Treasurer and State Auditor shall each re* 
<ceive an annual salary of one thousand eight hundred dollars; the 'Commis- 
sioner of School and Public Lands shall receive an annual salary of one thou' 
sand eight hundred dollars; the Superintendent of Public Instruction shall 
receive an annual salary of one thousand eight hundred dollars; the Attorney 
•General shall receive an annual salary of one thousand dollars; the compeu' 
•■sation of Lieutenant Governor shiUl be double the compensation of a State 
senator. 

They shall receive no salary or perquisites whatever for the performance 
of any duties connected with their offices. It shall not be competent for the 
Jegisiatnre to increase the salaries of the officers named in this article except 
as herein provided. 

Sec. o. Oath of Office. — Every person elected or appointed to any office 
in this State, except such inferior offices as may be bj^ law exempted, shalL 
before entering upon the duties thereof, take an oath or affirmation to sup- 
port the Constitution of the United States and of this State, and faithfully to 
<lischarge the duties of his office. 

Sec. 4. Exemptions. — The right of the debtor to enjo}- the comforts and 
necessaries of life shall be recognized by wholesome laws exempting from for* 
<"ed sale a homestead, the value of which shall be limited and defined by law 
fo all heads of families, and a reasonable amount of personal property, the 
kind and value of which to be fixed bj' general laws. 

Sec. 5. Rights of Married Women. — The real and personal property of 
J any woman in this State, ncquired before marriage, and all propertj^ to which 
.she may after marriage become in any manner rightfully entitled, shall be 
her separate property, and shall not be liable for the debts of her husband. 

COMPACT WITH THE UNITED STATES. 

The foUowingarticle shall be irrevocable without the consent of the United 
States and the people of this State: First, that perfect toleration of religious 
sentiment shall be secured, and no inhabitant of this State shall ev<!r be mo- 
lested in person or property on account of his or her mode of religious wor- 
ship; secondly, that the people inhabiting this State do agree and declare 
that tliey forever disclaim all right and title to the unappropriated public 
lands of the United States lying within the State, and that<-he same shall be 
and remain at the sole and entire disposition of the United States, and tliat 



THE CONSTITUTIOxV. 



the lands belonging to citizens of the United States residing vviihoutthis State, 
shall never be taxed higher than the lands belonging to residents thereof, and 
that no taxes shall l>e imposed by the State on lands or property therein be- 
longing to, or which may hereafter be purchased by the United States. 

AMENDMENTS AND KEVlfvIONS OF THE CONSTITUTION. 

cECTioN 1. Any amendment or amendments to tiiis Constiliitioji may be 
proposed in either house of the legislature, and if the same shall be agreed to 
by a majority of the memL>ers elected to each of the two houses, such propos- 
ed amendn>ent or amendments shall be entered on their Journals, with tlie 
yeas and nays taken thereon, and it shall be the duty of the legislature to sub- 
mit such proposed amendment or amendments to the voteoftl>e people at 
the next general election. And if the people shall approve and ratify such 
amendment oramendnients by a majority of the electors voting thereon, such 
amendment or amendments shall become a part of this Constitution, provid- 
ed, that the amendment or amendments so pro|>osed shall be published for a 
period of twelve weeks previous to the date of said election, in such manner 
as the legislature may provide; and in-ovided fvirther, that if more than one 
amendment be submitted the\' shall be submitted in such manner that the 
people may vote for or against such amendments separately. 

Sec. 2. Whenever two-tbirds of tjje members elected to each branch of 
the legislature shall, think it necessary to call a Convention to revise this- 
Constitution they shall recommend to the electors to vote at the next elec- 
tion for members of the Itgislature, for or against a Convention; and if a 
majority of ail tiie electors voting at said election shall have voted for a Con- 
vention, the legislature shall, at their next session, provide bylaw for calling 
the same. The Convention shall consist of as many members as the house of 
representatives and shall be chosen in the same manner, and shall meet 
within three months after their election for the purpose aforesaid. 

PROHIBITION. 

[To be submitted to a separate vote as provided by the schedule and or- 
dinance.] 

No person or corporation shall manufacture, or aid in the manufacture 
for sale, any intoxicating liquor; no person shall sell or keep for sale as a bev- 
erage anj' intoxicating liquor. The legislature shall by law prescribe regula- 
tions for the enforcement of the provisions of this section and provide suit- 
able and adequate penalties for the violation thereof. 

MINORITY REPKESENTATION. 

[To be submitted to a separate vote as provided by the schedule and or- 
dinance.] 

Section 1. The house of representatives shall consist of three times the 
number of the members of the senate, and the term of office shall be two 
years. Three representatives shall be elected in each senatorial district at 
the first general election held after this Constitution takes effect, and every 
two years thereafter. 

Sec. 2. In all elections of representatives aforesaid, each qualified 
voter may cast as many votea for one candidate as there are representatives 



THE CONSTITUTION. 55 

to lie elected, or may distribute the same, or equal parts thereof, among the 
candidates as he shall see fit; and the candidates highest in votes shall be de- 
clared elected. 

Section L That no inconvenience maj' arise from a change of the Ter- 
ritorial government to a permanent State government, it is declared that all 
writs, actions, prosecutions, claims and rights of individuals, and all bodies 
corporate, shall continue as if no change had taken place in this government; 
and all process which may, before the organization of the judicial de- 
partment undei- this Constitution, be issued under the authority of the Terri- 
tory of Dakota, shall be as valid as if issued in the name of the State. 

Sec. 2. Ail laws now in force in the Territory of Dakota, which are not re- 
pugnant to this Constitution, shall remain in force until they expire by their 
own limitation or be altered or repealed by the legislature. 

Sec. ;>. All fines, penalties, forfeitures and escheats accruing to the Terri- 
tory of Dakota, shall accrue to the use of the State. 

Sec. 4. All recognizances, bonds, obligations or other undertakings 
heretofore taken, or which may be taken before the organization of the 
jufiicial department under this Constitution, shall remain valid and shall pass 
over to and may bo prosecuted in the name of the State; and all bonds, obli- 
gations or other undertaking executed by this Territory, or to any offioer in 
his olHcial capacity, shall pass over to the proper State authoiit}^ and to 
their successors in ofiice, for the uses therein respectively expressed, and 
may be oued for and recovered accordingly. All criminal prosecutions and 
penal actions which have arisen, or which may arise before the organization 
of the judicial department under this Constitution, and which shall then be 
pending, may be prosecuted to judgment and execution in the name of the 
State. 

Sec. 5. All officers, civil and military, now holding tiieir offices and 
appointments in this Territory under the authority of the United States, or 
under the authority of this Territory, shall continue to hold and exercise their 
respective offices and appointments until superseded under this Constitution. 

Sec. (). The first meeting of the legislature shall be held at such time 
and place as shall be selected under the provisions of this Constitution and 
Ordinance and Schedule. 

Sec. 7. The legislature elected under the provisions of this Ordinance, 
shall assemble at the place fixed l\v this Schedule and Ordinance on the sec- 
ond Monday in December, in the year of our Lord one thousand eight hun- 
dred and eighty-five; and on the first day of their assemblage the Governor 
and other State officers shall take the oath of office in the presence of tlie 
legislature. The oath of office shall be administered to the senators and rep- 
resentatives of the legislature, and to the State officers by the Chief Justice 
of tlie Territory, or by the President of the State Executive Committee, or 
by any ofticer duly authorized by the laws of the Territory to administer 
oaths. 

Sec. 8. Immediately after the organization of the legislature and the 
qualification under oath of the State officers, both houses of the legislature 
shall then and there' proceed to elect two senators of the United States, for 
the State of Dakota. At said election the two persons who shall receive 
the majority of all the votes cast by said senators an<l representatives, shall 



5ff THE CONSTrTUTIOSr. 



be elected as such United States senators, and shall be so declared b)' the- 
presiding officers of said joint session. Tbe presiding officers of the senate 
and house sball issue a certificate to each af said senators certifying his elec- 
tion, which certificate shall also V>e signed by the Goveriwr and attested by 
the Secretary' of State. 

Sec. 9. This Constitution sball be submitted for adoption or rejection, 
to' a vote of the electors^ qualified by the lasvs of this Ten-itory to vote at al?. 
elections, at the election to be held on the Tuesday next after the first Mon- 
day in November, A. I>. 1885'. At the s-aid election the Isallots shall be in. 
the following form : 

For the Constitution: Yes, No, 
For Prohibition: Yes. No. 
For Minority Representation: Yes. No. 

And as a heading to each of said ballots shall be printed O'n each ballot 
the following instructions to voters: 

All persons desiring to vote for the Constitution, or any of the articles sub- 
mitted to a separate vote, n>ay erase the word "no." 

All persons who desire to vote against the Constitiition, or against any ar- 
ticle submitted separately, may erase the word "yes." 

Any person may have printed or written on bis ballot only the words "for 
the Constitution" or "against the Constitution," and such ballots shall he- 
counted for or against the Constitution accordingly. The same provision shaH 
apply toarticles submitted separately. 

In addition to the foregoing election for tije Constitution, and for the arti- 
cles submitted by this Convention for a separate vote thereon, an election 
shall be held at the same time and places, by the said qaalitied electors, for 
the following State officers, to be voted for on the samw ballot as is above pro- 
vided for votes on the Constitution and separate articles, to wit: A Governor, 
a Lieutenant Governor and all other State and JHdicial officers which are pro- 
vided for in this Constitution. 

At the same time and places of election, there shall be held an election, 
by the said qualified electors, within their respective districts for representa- 
tives and senators for the State legislature, and for two representatives in 
congress. 

All the aforesaid elections above provided for, shall be held in the same 
manner and form as provided for the election for the adoption or rejection of 
the Constitution. And the names of all such officers above specified, to be 
voted for at such election, shall be written or printed upon the same ballots as 
the vote for or against the Constitution. 

The judges of elections in counting tlie Ijallots voted at said election, shall 
count all the affirmative ballots upon the Constitution as votes for the Consti- 
tution; and they shall count all the negative ballots voted at said election up- 
on the Constitution, as votes against the Constitution; and ballots voted at said 
election upon which neither of said words, yes or no, following the words "for 
the Constitution" are erased, shall not be counted upon such proposition. And 
they shall count all affirmative ballots so voted upon the article on prohibition, 
separately submitted, as votes for such article. And they shall count all neg- 
ative ballots so voted upon such article, as votes against such article. And 
ballots upon which neither of the words, yes or no, following the words "for 



T H E ( ON STITUT [ ON . 



prohibition'" are erased sliall not be counted upon such proposition. And 
the}' sliall count all affirmative ballots so voted upon the aiticle on ninioritv 
representation, separately submitted, as votes for such article. And they 
shall count all negative ballots so voted upon such article, as votes against 
such article. And ballots upon which neither of said words, yes or no, follow- 
ing the words "for minority representation" are erased, shall not be count- 
ed upon such proposition. 

If it sliall appear, in accordaiue with tlie returns hereinaCler provided 
for, that a majority of the votes polled at such election, for and against the 
Constitution, are for tlie Constitution, then this Constitution shall be the 
Constitution of the State of Dakota. If it shall appear, according to the re- 
turns hereinafter provided for, that a majority of all the votes cast at said elec- 
tion for and against "prohibition" are for prohibition, then said article XXIV 
shall be and form a part of this Constitution, and be in full force and effect as 
such from the date of said election. 

But if a majority of said votes shall appear, according to said returns, to 
be against prohibition, then article XXIV shall be null and void and shall 
not be a part of this Constitution. 

And if it shall appear according to the returns hereinafter provided for. 
thata majority of all the votes cast at said election for and against minority 
representation are for minority representation, tiien article XXV shall be and 
form a part of said Constitution, and be in full force and effect as such from 
the date of sa!<l election, and all sections and parts of sections of said Consti- 
tution wiiicli conflict with said article shall be therebj* repealed, and be null 
and void. 

But it a majority of said votes shall appear according to .said returns to be 
against minority representation, then said article XXV shall l>e null and void 
and shall not be a part of this Constitution. 

At such election the penson voted for, for any one of the offices to be tilled 
at such election, who shall receive the highest number of votes cast at said elec- 
tion, shall be declared elected to said office. 

(Sec. 10. At the same time and places of election there shall be held b\' 
said qualified electors an election for the place of meeting for the first legisla- 
ture and for the temporary seat of government. 

On each ballot, and on the same ballot on which are the matters voted for 
or against, as hereinbefore provided, shall be written or printed the words 
'■for temporary seat of government." 

(Here insert the name of tlie city, town or place to be voted for.) 

And upon the canvass and return of the votes made, as hereinafter pro- 
vided for, the name of the city, town or place which shall have received the 
largest number of votes for said temporary seat of government, shall be declar- 
ed by the State Executive Committee, together with the whole number of votes 
cast for each city, town or place. And the State Executive Committee siiall 
immediately after the result of said election shall have been ascertained, issue 
a pi-oclamation directing the legislature elected at said election to assemble at 
said city, town or place so elected, on the day fixed by this Schedule and Or- 
dinance. 

Sec. 11. There shall be elected by this Convention as soon as possible af- 
ter the adoption of this Schedule and Ordinance a State Executive Commit- 
tee, consisting of seven members, and the persons thus elected are 



o8 



THE CONSTITUTION. 



II. J. Campbell, Jo.sepli K. Iliuison, E. P. Beebe, S. G. Uptlykf, John Cain, 
J. A. Ward, A. J. Siininuns; one of wlioin, to wit, Hugh J. Campbell, who is 
elected by tlii.s Convention as .such, .shall be ['resident of the State Executive 
Committee. Said Stale Executive Committee shall exercise the powers and 
pdiform the duties hereinafter conferred u})on it and shall continue in ottice 
until the assemblinj^ and organization ol the State legislature. The State Ex- 
ecutive Committee herein provided for sliall meet and organize in the city of 
Sioux Falls immediately and itefore this Convention siiall adjourn, by the elec- 
tion of a Secretary and such oliier olficers, excepting President, as maybe 
necessary . 

Sec. 12. Said Stale l^xecnlive Comunttee shall have full j'ower to do and 
perform all things necessary to ihe carrying into ellect ol the piuvisioiisof 
ttiis Schedule and Ortlinance with regard to elections, and to tliiseud lliey 
shall have full power to make all necessary lules and I'egulalions lorsuch pur- 
pose; they shall make and issue instrnciions and regulations with regard to 
the details not herein provided for, or not proviiled lor by law, as to the elec- 
tions lield in pursuance of this Schedule and Ordinance. Tiiey shall have pow- 
er to till all vacancies in iheir own number, and tliey may in case of necessity 
call an adjourned meeting ol' this Convention; they shall fix their own times 
and places of meetiiiir, and three members shall constitute a quorum, with 
power to transact busino.i. Any membei- may in writing delegate Ijis power 
to act on tlie committee to anotiier member thereof. 

Skc. \'o. Shoukl this (.JonsLituiiuii be adopted and ratitied by the votes of 
the people at the election ordeied by this Ordinuiice, the .State Executive 
Committee shall be vested with full power and autborily to ilo and perform 
all things neces.sary to carry oul the object!? ol ibi.s Con venlion. 

They shall make all nece.s.sary anangements fur rooms for the legislature 
and for the inauguration of the Slate Government. 

Sec. 14. Said committee shall have power to piovide ilie neces.>^ary fiuuis 
to defray all necessary expen^es connected uith the perlormance of their 
duties and to issue certiticaies theiefor. But an itenuzed account uf all such 
expenses, sworn to by the Pi-esitlent and Secretaiy of the committee shall be 
presented by them, to the legidalure at its first meeting, and the legislature 
shall provide for the pa\ njeiil of ^.j much llicreol as Lliey shall lind to have 
been properly and necessai'ily exiiended in the due performance, of their 
duties. 

Sec. 15. The election provided for herein shall be conducted in all re- 
spects as electioiis are under the general laws of tlie Territory. TIm' Tresident 
of the .State Executive C<unniittee is hereby authorized, empowered and re- 
ipiired to issue notices ol the election herein provided for at least ten days 
jirior thereto, by publicaiion in the newspajjers in each (bounty, slating the obr 
ject oFsuch election, ;iii<ltlK- officers to be chosen at the same, and shall 
otherwise conform, as neai- as may be, to the notices of election provided oy 
law for general elections. Said nol ices shall be also posted by the several 
sheriffs and by the county boards of their respective counties, in the manner 
reijuiied i>\ law. 'fhc election precincts and jvilling places shall be the same 
as now judvided by law lor the general election. The judges and clerks of 
election lor said election shall be appointed in the manner now prescribed by, 
law. ISut in case for anv reason the said jud.'es ami clerks of election are not 



THE CONfJTITUTION. 59 



appointed tis above provided, or iv case of tlie refusal, neglect or inability to 
act of said judges or clerks of election in the election herein piovideu for, tlie 
qualified electors present at the polls maj' elect said judj?es and clerks of elec- 
tion. No njere technicality or informality in the manner or form of the elec- 
tion, or neglect of any officer to perform his duty with regard thereto, shall be 
deemed td vitiate or avoid the same, it, being the true intent and object of this 
ordinance to ascertain and give effect to the true will of the . people of the 
State of Dakota as expressed by their votes at the polls. 

Sec. 16. The President of the Stale Executive Committee shall appoint 
in eacii county a county board, consisting of three members, which county 
board shali have and exercise the powers and duties prescribed by this Sched- 
ule and Ordinance. 

Sec. 17. The judges and clerks ofelectit)n herein provided for, siiall have 
authority to do and perform ail things with regard to said elections that are 
now required by law of such judges and clerks at general elections, and the 
canvass and return of the votes shall be in the manner and form now requir- 
ed by law in the case of genera! elections, or as provided herein. 

Sec. 18. Immediately after the election herein provided for, the judges 
of election at eaidi vol int;- place shall make a true and complete count of all 
the votes duly cast at such election, and shall certify and return the result of 
the same, with the names of all the candidates and the number of votes cast 
for each candidate, and the number of votes cast for and against the L'onstitu. 
tion, and the number of votes cast for and against prohibition, and tiie num- 
ber of votes cast for and against minority representation, and the number of 
votes cast for each city, town or place, as the ''temporary seat of government," 
to the board of county canvassers of election, provided for by law, of their re- 
spective counties, and to the county boards provided by tliis Schedule and 
Ordinance, jointly, together with all the ballots, poll lists and election books 
used in said election. 

Sec. 19. Within ten days after such election the several boaids of county 
canvassers provided by law for the canvassing of the results of elections, and 
the several county boards provided for by this Schedule and Ordinance, of 
their several counties, shall either or both make and certify under oath, to 
the President of the State Executive Committee a true and honest return of 
the total number of votes cast for the Constitution, and against the Constitu- 
tion, of the number of votes cast for and against "prohibition," and the num- 
ber of votes cast for and against "minority representation," and the number 
of votes cast for each city, town or place as the "temporary seat of govern- 
ment," and of the number of votes cast for each person voted for at such elec- 
tion, and shall transmit the same to the President of the State Executive Com- 
mittee by mail, and shall file for record a duplicate and certified copy of said 
return with the county clerk of said county. 

Sec. 20. The President of the State Executive Committee shall receive 
all returns of the election transmitted to him as above provided, and shall 
preserve the same. Within twenty days after said election the President of 
said State Executive committee, together with such members of said commit- 
tee as may assemble with him, and with the secretary of the Territory, the 
chief justice of the Territory, if they will so act, and with such other officers 
of tlie Territory as he may associate with him who shall consent to act, shal 



(!0 THE CONSTITUTION. 

ranvass ami ctjinpile the certilit^ates and retnrnsof su(;li elections, and shall 
therehy ascertain tlie total number of votes cast at such election, the total 
number of votes cast for the Constitution and a^iinst the Constitution, the 
total number of votes cast for and against "prohibition," and the total number 
of votes cast for and ajri'inst "minority representation," and the total number 
of votes cast for each city, town or place as the "temporary seat of govern- 
ment," and the total number of votes e-ast for each person voted for, for any 
office at the said election, and shall declare the result of said election in con- 
formitv with such vote and shall make proclamation thereof in the newspa- 
pers of the Territory. 

They shall also makeand certify alist of votesso cast for senators and lep- 
resentatives to the legislature, and a list of the names of the senators and rep- 
resentatives who shall thus be ascertained to be duly elected, and also a list of 
the names of all otticers who shall thus be ascertained to be duly elected. 
They shall also make and transmit to the State legislature upon the first day 
of its asseml)la<re, a true return of said election, and of the names of all officers 
and all representatives and senators of the legislature so elected, atid of the 
number of votes cast for each. Said list of senators and representatives shall 
(^institute ■ the roll with which the senate mid the house of representatives 
shall be organized. They sirill also make and transmit to the State legislature, 
immediately upon its organization, a li>t of all the State and judicial officers 
who shall thus be ascertained to have been duly elected, with a return of the 
number hf votes cast for and against eacii. And it shall thereupon be the duty 
of the legislature in if)iiit session to canvass and compile said returns foi- all 
the said (jfficers, and to declare the result of said election as to said State an<l 
iudicial officers. 

Sec. 21. The President of the State Executive Committee sliall issue cer- 
tificates of election to all persons who shall be ascertained, as above provided, 
to have been duly elected to any office at such election. Tiie persons receiv- 
inti the highest luunber of votes at sucii election for each office lierein named 
shall l)(i declared elected to said office. 

Sec. 22. Any vacancy in the office of the State K.xecutive Committee, 
shall be tilled by the State P^xecutive Committee or a quorum thereof, as.soon 
as may be after said vacancy, at a meeting to t)e held at the pla(;e designated 
as the otfiiaal quarters of the said committee. 

Sei:. 2:>. The ap)iortionmeiit ina<le in this Coiistitution siiail govern the 
elections aiiove pr(jvideil for. for meinliers of the State legislatuie. At the 
first election luld iindei this ordinance foi- senators and reinescntatives of 
the legislature, tJKM'c shall be I'iecti'il t liirty-thrce senators and ninety-nine 
representatives and these shall lie I lie nicniheis of t in' seiiat<' and house of 
representatives of the State legislature respcclively . 

Sec. 24. The (list legislature assembled after the adoption of this Consti- 
tution, shall iiave power to eonlinue in session a longer time than sixty days, 
or to iidjourn from time to time, and reassemble at tiie call of such otli(;ers as 
they may prescribe, until the State shall be admitted into the union, or their 
Term of office shall expire. 

Skc. 20. The Or<linance and Sclie<liile enacted l»\- this Cou\cnlion shall 
\)v held to be valid forall the purposes thereof. 

Sec. 2n. The (Governor, representatives to congress and sinatoi'scjf the 
Ciiited Stutes. whose election is provided for in this Schedule and ( )rdi nance, 



THE CONSTITUTION. 61 



shall, together with two other persons to be selected by the State Executive 
Committee, constitute a committee whose tint}- it shall be, in case of the ratifi- 
cation of this Constitution by the people, to present this Constitution to the 
President and congress of the United States, and request admission of the 
State thereunder into the union of States. And they shall have power to do 
and perform all things necessary and proper to carry into effect the purposes 
for wiiich they are tlius appointed. 

Sec. 27. The first legislature elected under tliis Constitution shall, at an 
early day, take steps to obtain an equitable and proper division of the territo- 
rial funds, and the territorial indebtedness existing at the time of the adop- 
tion of the Constitution, between the State of Dakota and that portion of the 
Territory of Dakota not included within the boundaries of the State, such di- 
vision to take into account the value and cost of the various public institutions 
located in the two sections respectively, and consent is hereby given that con- 
gress may make such provision for the payment by this State of the existing 
indebtedness of the Territory of Dakota, as it shall deeni just and equitable, 
and this State shall assume and pay so much thereof as congress may provide. 

Sec. 28. All the existing archives, records and books belonging to the 
Territory of Dakota shall belong to and be a part of the public records of the 
State of Dakota, and be deposited at the seat of go\ernmeiit of the said State 
with the secretary of State. 

Sec. 29. This Constitution shall be engrossed and deposited in the ofiice 
of the Secretary of State, and printed copies thereof shall be prefixed to the 
l)Ooks containing the laws of the State and all future editions thereof. 

Sec. 30. The following form of ballot is adopted: 
CONSTITUTIONAL TICKET. 
instructions to voters. 

All persons desiring to vote for the Constitution, or for any of the arti- 
cles sub uitted to a separate vote, may erase tlie word "No." 

All persons who desire to vote against the Constitution, or any articles 
separately submitted, may erase the word "Yes." 

For the Constitution. Yes. No. 

For Prohibition. Yes. No. 

For Minority Representation. Yes. No. 

For as the temporary seat of government. 

For Governor. 

For Lieutenant Governor. 

For Secretary of State. 

For Auditor. 

For Treasurer. 

For Attorney General. 

For Superintendent of Public Instruction. 

For Commissioner of School and Public Lands. 

For Judges ol the Supreme Court. 

First district 

Second district 

Third district ' [ 



62 



THE CONSTITUTION. 



For Judge of the Circuit Court circuit. 

For Judge of the County Court 

For Representatives in Congress. 

For State Senator. 

For Representatives in tiie Legislature. 

Sec. 31. The failure to use tliis form of the ballot lierein prescribed shall 
not vitiate the vote, if the intent of the voter is clearly ascertainable there- 
from. 

Sec. 1:52. Nothing in this Constitution or Schedule contained shall be con- 
strued to authorize the legislature to exercise any powers except such as are 
necessary to its organization, to elect United Stales senators, to provide and 
pass means and measures, necessary, preliminary and incident to admission to 
the Union and to assemble and reassemble and adjourn from time to time; 
neither to authorize any officer of the executive or administrative depait- 
inents to exercise any powers of his office except such as may be preliminary 
and incident to admission to the Union; nor to authorize any officer of the ju- 
diciary department to exercise any of the duties of his office until the State of 
Dakota shall have been regularly admitted into the Union, except such as 
raaj' be authorized by the congress of the United States. 

A. J. Edgertox, President Constitutional Convention. 
Hugh J. Campbell, H. H. Sheets, Manpord E. Williams, 

A. Haines, Frank Alexander, John H. Patten, 

John B. Goddard, A. G. Kellam, Joseph Ward, 

E. P. Beebe, John A. Owen, Wm. H. Parker, 

Stephen G. Updyke, Frank I .Fisher, James A. Ward, 

H. J.Grant, J. D. Mason, S. M. Booth, 

W. M. Wright, Jere. Geuon, J. T. Dow, 

Daniel Wilcox, Isaac M. Westfall, Henry Neill, 

J. M. Baker, L. H. Weedon, S. C. Weatherwax, 

Theodore Elpes, Frank Gault, F. H. Craig, 

W. H. Lichtenwallner, Theo. D. KANt)USE, Geo. L. AVright, 

C. Buechler, C. J. C. Macleod, Willis C. Stone, 

David Bellon, H. H. Blair, J. K. P. McCallum, 

James H. More, C. M. Reed. Geo. W. Snow, 

J. P. Kendall, N. Tychsen, Edgar M. Jessup, 

Fred F. B. Coffin, W. H. Goddakd, N. I. Lowthian, 

Elihu I. Oaks, S. T. Huntley, James M. Fowler, 

Chas. S. Lowe, Stephen Jones, Albert Gunderson. 

C. E. Andrus, Matt A. Ryan, George C. Britton, 

A. E. F'rank, Samuel Miller, C. M. Gregory, 

W. H. Murphy, L. W. Lansing, B. B. Potter, 

Robert J. Brown, George G. Crose, Isaac Gray, 

T. H. CoNNiFF, W. W. Brookings, R. A. Proudfoot, 

J. R. Hanson, C. S. Gifford, G. C. Moody, 

Hugh M. Smith, Robert Dollard, John Dahl, 

Andrew J. Berdahl, Miles White, W. G. Ashton, 

R. C. TousLEY, R. Craven Walton, Joseph Allen, 

C. J. Maynard, M. J. Sciiultz, H. F. Fellows, 

D. Corson, Geo. R. Laybourn. 

Attest: John Cain, Secretary. 



016 094 216 2 % 



